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Software
Software (Computer Program) Backups
Under certain conditions as provided by section 117 of the Copyright Act, you can make backups of your software. This privilege extends only to computer programs and not to other types of works.
You may make a copy of an original computer program if:
- the new copy is being made for archival (i.e., backup) purposes only;
- you are the legal owner of the copy; and
- any copy made for archival purposes is either destroyed, or transferred with the original copy, once the original copy is sold, given away, or otherwise transferred.
You are not permitted to make a backup copy of other material on a computer's hard drive, such as other copyrighted works that have been downloaded (e.g., music, films).
It is also important to check the terms of sale or license agreement of the original copy of software in case any special conditions have been put in place by the copyright owner that might affect your ability or right under section 117 to make a backup copy.
Buying or Selling Backup Copies of Software
You may not buy or sell backup copies of software you own. You may transfer a backup copy only with the sale of the original copy of the software The Copyright Act does not permit you to simply "buy" or "sell" backup copies from or to a third party.
The Copyright Office notes that there are websites offering to sell "backup" copies of software via download over the Internet or in a custom-burned CD-R format, under the guise that section 117 permits this. Section 117 does NOT permit this. Again, section 117 does not allow you to "buy" or "sell" backup copies from or to a third party. It does not allow anyone to distribute "backup" copies to the public. Such activity is also likely to be a violation of the terms of your license to the software.
Web Sites
Copyrighting Websites
The original authorship appearing on a website may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright. Procedures for registering the contents of a website may be found in Circular 66, Copyright Registration for Online Works.
Copyrighting Domain Names
Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assignment of domain names through accredited registers.
P2P Files
Downloading works (music, video, interactive games, etc.) from Peer-to-Peer (P2P) Networks
Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.
Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. Since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.
Since the files distributed over P2P networks are primarily copyrighted works, there is a risk of liability for downloading material from these networks. To avoid these risks, there are currently many "authorized" services on the Internet that allow consumers to purchase copyrighted works online, whether music, ebooks, or motion pictures.
By purchasing works through authorized services, users can avoid the risks of infringement liability and can limit their exposure to other potential risks, e.g., viruses, unexpected material, or spyware.
Oberlin College receives notifications of violations of copyright authority from the RIAA, MPAA, and ISDA, to name a few. Once we receive such notification, we are required to remove the offending material from network access, which equates to disabling network access for the computer involved.
Students determined to be involved in these copyright violations will have their network access disabled for a minimum period of one month, or the end of the semester, whichever comes first. Network access will only be re-enabled after the student sends (via email) a written report to the Director of Information Technology confirming that he/she has taken appropriate action to effectively terminate the illegal sharing of media files. Students involved in repeated incidents will have their network access disabled for an indefinite period and will be referred to a judicial coordinator for possible Judicial Board action. Faculty or staff involved in such incidents will have their network access disabled until the material is removed from network access and will be referred to their applicable Department Head for further adjudication.
DO NOT download files using P2P file-sharing programs unless you have received the proper approval from the copyright owner.
