Copyright Laws regarding Software and Text Books

cayenne

I was just looking for a quick clarification of the laws regarding copyright of computer software and textbooks. I am aware software falls under the 'Literary Act' but I was just wondering about the position of duplicating CD software. Are you legally allowed make one copy for yourself or is that a myth?

As for textbooks (i.e. those used in schools or colleges), how much off the book are you allowed photocopy, if any, before you breach copyright? In the case of music you are allowed use only 20% of it before infringing copyright.

Finally, for a school or small company, duplicating books and software, what is the likelyhood of them being caught and what are the penalties involved? Are the watchdogs on more of a lookout these days or are the chances of being caught slim?

haz

cayenne wrote:

duplicating CD software. Are you legally allowed make one copy for yourself or is that a myth?

There is an End User Licence Agreement (EULA) with the packaging of almost all software, which differs between manufacturers. If you don't have a copy then you can often obtain one from the author's or vendor's website using the Help->About menu or within the help documents. Some EULAs say you can make a (non-operational) backup for security purposes only, some say you can operate a second copy so long as both copies are not used simultaneously (e.g. a desktop and laptop copy) and some say no copies can be made. Most copyright holders provide site licenses and educational licenses at vastly reduced per-copy prices.

If you have the slightest concern about phoning the software copyright holder to describe your copies and asking their opinion then you are probably not complying.

cayenne wrote:

As for textbooks

If it is for academic / research use then this might help (fair dealing exemptions) http://www.tcd.ie/Library/about/copyright.php

I can think of no source for the claim that 20% of music may be used or copied.

padser

cayenne wrote:

I am aware software falls under the 'Literary Act' but I was just wondering about the position of duplicating CD software. Are you legally allowed make one copy for yourself or is that a myth?

From a legal point of view, unless the copyright holder gives you premmission (which could happen as Haz has said under the licence agreement you purchase under) to duplicate then no duplication is allowed

cayenne wrote:

As for textbooks (i.e. those used in schools or colleges), how much off the book are you allowed photocopy, if any, before you breach copyright?

Its not a question of 'how much'. Its a question of use. The general rule (excluding personal photocopoying for personal study) is that it is illegal to photocopy copyrighted works. IE in school when the teacher photocopies
a 'worksheet' for the class, 90% of the time this is a copyright infringment.

cayenne wrote:

In the case of music you are allowed use only 20% of it before infringing copyright.

Nope

cayenne wrote:

Finally, for a school or small company, duplicating books and software, what is the likelyhood of them being caught and what are the penalties involved? Are the watchdogs on more of a lookout these days or are the chances of being caught slim?

You would have to be way way more specific to get a reasonable answer, however the amount of Intellectual Property litigation is skyrocketing these days.

Quazzie

Does subscribing to Shareware programmes like Limewire have any effect on copyrightable software.?

aidan_walsh

Limewire is not Shareware, its file sharing which is utterly different.

Quazzie

aidan_walsh wrote: »

Limewire is not Shareware, its file sharing which is utterly different.

Can you explain?

seamus

Shareware is a form of software licensing whereby you can install a program and use it without paying for it, but usually only for a certain amount of time before you will be asked to pay for it before you can continue using it.

Generally Shareware licences allow you to share and duplicate the program, but each install will have the same time-limit rules.

Limewire is a program in itself. Limewire allows people to share files between eachother. Limewire doesn't care about what licensing or copyright methods are in place, and the bulk of Limewire usage is illegallly sharing files between people.

Quazzie

Whats the chances of a Limewire user being prosecuted.. I've yet to hear of any cases.