Copyright Law

• Computer Software is defined as a Literary Work

• Infringement of Copyright is NOT just a civil issue

• You do NOT have to sell copied software to breach the Law

• Directors of companies can be personally charged, and risk 2 years imprisonment

Copyright Designs and Patents Act 1988

The Copyright, Designs and Patents Act 1988 states: The owner of the copyright has the exclusive right to copy the work (Section 16). That means it is illegal to copy software without the copyright owner's permission. With regard to software, the copyright owner is the software developer / publisher. Breaking the law could have serious consequences for you and the organisation you work for, threatening both your own and your employer's reputation and future prosperity.

• The legal penalties include unlimited fines and up to two years in prison.

• Personally, you could lose your reputation, promotion prospects or even your job.

• There are no mitigating circumstances and no organisation would condone or defend either illegal copying or the use of unauthorised software.

Major Points...

• A software licensee never takes ownership of the copyright in the software; he merely purchases a licence to use the copyrighted software under the terms and conditions set by the copyright owner and the law.

• Copyright exists in a work from the moment of it's creation

• Remedies for civil copyright infringement may include damages to compensate the copyright owner for damage caused to his business, including reputation, and for loss of sales.

• Criminal penalties can include unlimited fines and 2 years' imprisonment or both

• The rental of software is illegal without the express permission of the copyright holder.

• If an organisation is using illegal copies of software, the organisation may face not only a civil suit, but corporate officers and individual employees may have criminal liability.

• No one is exempt from copyright law. All individuals, organisations, and government agencies are subject to the law.

• Web publications or other internet-based publication does not take a work outside the realm of copyright law: you still need the copyright owner's permission to publish his work regardless of the publication medium.

• Ignorance of the Law does not excuse infringement.

Avoid Buying Illegal Software

• Make sure you get your licences - these are valuable documents.

• Buy from reputable dealers.

• Get a written quote listing hardware/software specification and version.

• Require an itemised invoice giving details of all hardware and software supplied.

• Do not allow dealers to visit your home and install software directly onto your computer without providing licences etc.

• Remember even Shareware will require to be purchased or deleted after the evaluation period.

• If possible go to a recommended dealer.

• Make sure that you understand that "bundled" software may come pre-installed on your computer and you may not receive media.

• If in doubt ASK FOR HELP.

© 2006 M&M Computing Services Ltd.