RE: Software and Fair Use Doctrine

In Message Sat, 23 Apr 1994 05:03:28 -0400,   "Michael S. Hines" <MSHINES[_at_]freh-02ms.adpc.purdue.edu> writes:
>
>We have been looking at software copyright on campus. Our intent is
>to comply.
>
>Recently our Dean of Libraries tossed out a klinker that "fair use
>doctrine" applied to software used by the staff and students of the
>University. That is (quoting section 107)
>
>" ...the fair use of a copyrighted work, including such use by
>reproduction in copies or phonorecords or by any other means specificed
>by that secition, for the purposes such as criticism, comment, news
>reporting, teaching (including multiple copies for classroom use),
>scholarship, or research, in not an infringement of copyright."
>
>...
>
>"(1) ... for nonprofit educational purposes" indicates fair use.
>
>Does fair use apply to computer software?
>
>How far into the organization could this be pushed?
> - students
> - faculty
> - staff within the academic areas
> - staff within the business areas
> - staff within auxiliary enterprises
>

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Fair use applies to all copyrighted works and that includes software. However, use of software is not fair use merely because it is used by a non-profit educational institution. A fair use analysis is a complex determination in many cases. However, if a school is using copies of software merely to avoid purchasing sufficient licenses to use the software it is highly unlikely that such use amounts to a "fair use". Additionally, most use of such copied software by students in a university setting is probably not fair use. Fair use is not designed as a means of avoiding paying for software.

--
Andrew Beckerman-Rodau          Phone:       419-772-2207
Professor of Law                FAX:         419-772-1875
Ohio Northern University        INTERNET:    arodau[_at_]crassus.onu.edu
Pettit College of Law           Home Office: arodau[_at_]aol.com
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