Fair use applies to all types of works and to all of the rights in
the copyright bundle.
While educational use may weigh in favor of a finding of fair use, all that is educational is not fair. The other three factors must be considered as well. The number of situations in which fair use would permit copying of software is likely to be very limited because of the third and fourth factors listed in section 107.
For most uses of software you have to reproduce the entire work. I've never met anyone who wanted to use only part of a software program, although I'm sure some members of this list could come up with some partial copying examples for purposes of discussion.
Since the entire work is being copied, there is a greater likelihood of impact on the market for the work. This is especially true if the type of software is something that is normally marketed to educational institutions.
Thus, the third and fourth factors will probably weigh against a finding of fair use in most software cases.
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------------------original message-------------------------------From: "Michael S. Hines" <MSHINES[_at_]freh-02ms.adpc.purdue.edu>
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?
Does anyone have experiences with the BSA or SPA on interpreting the copyright laws in nonprofit educational institutions?
In the event of copyright violation, who is responsible...the staff member or the institution?
Thx. in advance.
Internet: mshines[_at_]ia.purdue.edu | Michael S. Hines Bitnet: michaelh[_at_]purccvm | Sr. Information Systems Auditor Purdue WIZARD Mail: MSHINES | Purdue University GTE Net Voice: (317) 494-5845 | 1065 Freehafer Hall GTE Net FAX: (317) 496-1814 | West Lafayette, IN 47907-1065 CompuServe: 73240,1631 | America On-Line: mysterios |Received on Mon Apr 25 1994 - 16:22:06 GMT
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