1.8 Copyright and the Law
1.8.1 Copyright
1.8.1.1 Understand the concept of copyright when applied to software,
and also to files such as: graphics, text, audio, video. Understand
copyright issues involved in downloading information from the Internet.
Software Copyright Issues
• Most programs which you purchase are copyrighted and you must not copy them. If you
do so you may be breaking the law and if caught, you could find yourself being
prosecuted. Many people will buy a copy of a game and make a copy for their friends or
other family member. This is also normally unlawful. Even lending your program disks or
CD-ROM to other people may be breaking the law in most cases. There are numerous
organisations, such as FAST (the Federation Against Software Theft), which are
dedicated to preventing the illegal copying of software. In a business situation, if your
manager tells you to copy software, ALWAYS first make sure that you have a licence
which entitles you to copy the software, because in many countries, you will be
personally liable for damages.
• Most text which you will find on the Internet is copyrighted. Never copy text without
authority to do so and always quote your sources.
• There are many sites offering free graphics and clipart. Some are genuine and have the
authority to offer you a free download of images. Many sites however may not have this
authority. Popular examples are pictures, sound clips, or movie clips from Star Trek. If
you visit the official Star Trek site (www.startrek.com) you will see that use of images,
and even the name 'Star Trek' is protected and may not be used on 'fan sites'. Even
downloading sound clips to replace the bleeps which Microsoft Windows makes is often
illegal. Some sites even allow the 'free' download for complete films or music tracks. If
you can download a film for free before it is even officially available on video/DVD, it is a
pretty good bet that the site is unauthorised. Cover yourself. Get written permission to
used downloaded materials and 'if in doubt - don't' is the safe rule. Because CD-ROM
writers have become so widely available, it has become possible to copy entire CDROMs
which can contain software, games or data. Do not do this. Always be careful of
software which you may find advertised at very cheap prices, it may be illegally copied.
More Information: The Federation Against Software Theft http://www.fast.org.uk
What are site licences?
• Many large companies do not go out and buy a certain amount of 'shrink-wrapped'
copies of each software product which they need, instead they will buy a site licence.
These site licences are different in their small print, but generally mean that the
companies purchasing the licence can make a fixed numbers of copies available to their
staff, normally via a company network.
1.8.1.2 Understand copyright issues associated with using and
distributing materials stored on removable media such as CD’s, Zip
disks, diskettes.
Copyright Issues
• Transferring files across a LAN:
You need to be careful that you do not accidentally make copies of software via your
Local Area Network (unless of course you are authorised to make such copies).
• Downloading files from the Internet:
You need to be VERY careful when downloading files from the Internet. Just because a
site may say you are free to download materials from the site, does not necessary mean
that the owners of the Internet site have the authority to allow you to do this. It is possible
to download entire software packages from the net, even entire movie films. In many
cases however it is not legal to do so.
• Copying diskettes / CD-ROMs / DVD / ZIP disks:
If you purchase software, you may, in some cases be allowed to make a single, backup
copy of disk. You are not allowed to distribute copies to family and friends. You are
certainly not allowed to copy and re-sell commercial software.
• Freeware:
This is software which can be copied or downloaded for free. It is often fully functional.
Examples may include software developed by organisations such as Universities, where
the aim was not to profit from the software. It is very important not to confuse freeware
and shareware.
• Shareware:
This is where you can use software for a free trial period. Sometimes the shareware
versions may be fully functional, but after a time period will either start to display an
annoying message, asking you to register (i.e. pay for) your software, or in some cases it
may stop working altogether after the trial period. This 'try before you buy' method of
getting software is becoming increasing popular with the major software suppliers.
• User Licences:
If you have more than one PC, then you can either purchase a separate copy of the
software you require for each PC, or better: you can purchase a user licence. This user
licence allows you to make copies and install them on each computer. The more copies
you make the more the user licence will cost, but the cheaper the effective cost per PC.
1.8.1.3 Know how to check the Product ID number for a software
product. Understand the terms shareware, freeware, end-user licence
agreement.
How to check a software Product ID
• Normally if you click on the Help drop down menu within an application, there will be a
command such as About. Clicking on this option will often display your software product
identification number.
What is freeware?
• Some software is made freely available. Demonstration disks often come under this
category. In addition, a lot of software is produced by the educational community and is
made freely available. Always read any licences supplied with such software very
carefully before use.
What is shareware?
• Shareware is software which is freely available and is designed to let you use the
product for free, for a limited period while you decide if you like it or not. After this period,
you must legally either remove it, or pay an amount to the producers of the product.
More information: http://shareware.cnet.com
What about software which you find on the Internet
• There are some sites on the Internet run by dubious organisations which might make
copies of commercial software freely available. If you download any software from the
Internet, make sure that it is legal.
What is an end-user licence agreement?
• Normally when you install software these days there is a step within the installation
routine in which you have to agree to be bound by the end user licence agreement. This
agreement can be very large and is drawn up to protect the manufacturers of a product
from being prosecuted due to faulty software. It also defines how many copies of the
software you are entitled to. I recently printed out a Microsoft end user agreement and it
was over 15 pages long.
1.8.2 Data Protection Legislation
1.8.2.1 Know about data protection legislation or conventions in your
country. Understand the implications of data protection legislation for
data subjects and data holders. Describe some of the uses of personal
data.
Data Protection and Privacy Issues
• If your computer system holds information about individuals, then you have a moral and
legal duty to treat that information with respect. For instance if a police force computer is
used by unscrupulous people to gain unauthorised information about a person’s private
life, that would be a clear breach of trust. In the same way doctors, government
departments and credit agencies often hold vast amounts of information about the
general public, which is both sensitive and private. In a free society you have the right to
ensure that the information held about you is not abused. In many countries, this right is
enshrined under data protection laws.
Data Protection Legislation
• Listed below are the main principles of the UK Data Protection Act. This is meant as an
illustration only and should NOT be used for determining liability or operating principles.
You must read the full details of the act if you are considering legal implementation. For
more information about the UK data protection act please access the following Web
sites:
http://www.hmso.gov.uk/acts/acts1984/1984035.htm#aofs
http://www.pro.gov.uk/recordsmanagement/dp/default.htm
The information to be contained in personal data shall be obtained, and personal data
shall be processed, fairly and lawfully.
Personal data shall be held only for one or more specified and lawful purposes.
Personal data held for any purpose or purposes shall not be used or disclosed in any
manner incompatible with that purpose or those purposes.
Personal data held for any purpose or purposes shall be adequate, relevant and not
excessive in relation to that purpose or those purposes.
Personal data shall be accurate and, where necessary, kept up to date.
Personal data held for any purpose or purposes shall not be kept for longer than is
necessary for that purpose or those purposes.
An individual shall be entitled at reasonable intervals and without undue delay or
expense to be informed by any data user whether he holds personal data of which that
individual is the subject; and access to any such data held by a data user; and where
appropriate, to have such data corrected or erased.
Personal data held by data users or in respect of which services are provided by persons
carrying on computer bureau. Appropriate security measures shall be taken against
unauthorised access to, or alteration, disclosure or destruction of, personal data and
against accidental loss or destruction of personal data.
1.8.1 Copyright
1.8.1.1 Understand the concept of copyright when applied to software,
and also to files such as: graphics, text, audio, video. Understand
copyright issues involved in downloading information from the Internet.
Software Copyright Issues
• Most programs which you purchase are copyrighted and you must not copy them. If you
do so you may be breaking the law and if caught, you could find yourself being
prosecuted. Many people will buy a copy of a game and make a copy for their friends or
other family member. This is also normally unlawful. Even lending your program disks or
CD-ROM to other people may be breaking the law in most cases. There are numerous
organisations, such as FAST (the Federation Against Software Theft), which are
dedicated to preventing the illegal copying of software. In a business situation, if your
manager tells you to copy software, ALWAYS first make sure that you have a licence
which entitles you to copy the software, because in many countries, you will be
personally liable for damages.
• Most text which you will find on the Internet is copyrighted. Never copy text without
authority to do so and always quote your sources.
• There are many sites offering free graphics and clipart. Some are genuine and have the
authority to offer you a free download of images. Many sites however may not have this
authority. Popular examples are pictures, sound clips, or movie clips from Star Trek. If
you visit the official Star Trek site (www.startrek.com) you will see that use of images,
and even the name 'Star Trek' is protected and may not be used on 'fan sites'. Even
downloading sound clips to replace the bleeps which Microsoft Windows makes is often
illegal. Some sites even allow the 'free' download for complete films or music tracks. If
you can download a film for free before it is even officially available on video/DVD, it is a
pretty good bet that the site is unauthorised. Cover yourself. Get written permission to
used downloaded materials and 'if in doubt - don't' is the safe rule. Because CD-ROM
writers have become so widely available, it has become possible to copy entire CDROMs
which can contain software, games or data. Do not do this. Always be careful of
software which you may find advertised at very cheap prices, it may be illegally copied.
More Information: The Federation Against Software Theft http://www.fast.org.uk
What are site licences?
• Many large companies do not go out and buy a certain amount of 'shrink-wrapped'
copies of each software product which they need, instead they will buy a site licence.
These site licences are different in their small print, but generally mean that the
companies purchasing the licence can make a fixed numbers of copies available to their
staff, normally via a company network.
1.8.1.2 Understand copyright issues associated with using and
distributing materials stored on removable media such as CD’s, Zip
disks, diskettes.
Copyright Issues
• Transferring files across a LAN:
You need to be careful that you do not accidentally make copies of software via your
Local Area Network (unless of course you are authorised to make such copies).
• Downloading files from the Internet:
You need to be VERY careful when downloading files from the Internet. Just because a
site may say you are free to download materials from the site, does not necessary mean
that the owners of the Internet site have the authority to allow you to do this. It is possible
to download entire software packages from the net, even entire movie films. In many
cases however it is not legal to do so.
• Copying diskettes / CD-ROMs / DVD / ZIP disks:
If you purchase software, you may, in some cases be allowed to make a single, backup
copy of disk. You are not allowed to distribute copies to family and friends. You are
certainly not allowed to copy and re-sell commercial software.
• Freeware:
This is software which can be copied or downloaded for free. It is often fully functional.
Examples may include software developed by organisations such as Universities, where
the aim was not to profit from the software. It is very important not to confuse freeware
and shareware.
• Shareware:
This is where you can use software for a free trial period. Sometimes the shareware
versions may be fully functional, but after a time period will either start to display an
annoying message, asking you to register (i.e. pay for) your software, or in some cases it
may stop working altogether after the trial period. This 'try before you buy' method of
getting software is becoming increasing popular with the major software suppliers.
• User Licences:
If you have more than one PC, then you can either purchase a separate copy of the
software you require for each PC, or better: you can purchase a user licence. This user
licence allows you to make copies and install them on each computer. The more copies
you make the more the user licence will cost, but the cheaper the effective cost per PC.
1.8.1.3 Know how to check the Product ID number for a software
product. Understand the terms shareware, freeware, end-user licence
agreement.
How to check a software Product ID
• Normally if you click on the Help drop down menu within an application, there will be a
command such as About. Clicking on this option will often display your software product
identification number.
What is freeware?
• Some software is made freely available. Demonstration disks often come under this
category. In addition, a lot of software is produced by the educational community and is
made freely available. Always read any licences supplied with such software very
carefully before use.
What is shareware?
• Shareware is software which is freely available and is designed to let you use the
product for free, for a limited period while you decide if you like it or not. After this period,
you must legally either remove it, or pay an amount to the producers of the product.
More information: http://shareware.cnet.com
What about software which you find on the Internet
• There are some sites on the Internet run by dubious organisations which might make
copies of commercial software freely available. If you download any software from the
Internet, make sure that it is legal.
What is an end-user licence agreement?
• Normally when you install software these days there is a step within the installation
routine in which you have to agree to be bound by the end user licence agreement. This
agreement can be very large and is drawn up to protect the manufacturers of a product
from being prosecuted due to faulty software. It also defines how many copies of the
software you are entitled to. I recently printed out a Microsoft end user agreement and it
was over 15 pages long.
1.8.2 Data Protection Legislation
1.8.2.1 Know about data protection legislation or conventions in your
country. Understand the implications of data protection legislation for
data subjects and data holders. Describe some of the uses of personal
data.
Data Protection and Privacy Issues
• If your computer system holds information about individuals, then you have a moral and
legal duty to treat that information with respect. For instance if a police force computer is
used by unscrupulous people to gain unauthorised information about a person’s private
life, that would be a clear breach of trust. In the same way doctors, government
departments and credit agencies often hold vast amounts of information about the
general public, which is both sensitive and private. In a free society you have the right to
ensure that the information held about you is not abused. In many countries, this right is
enshrined under data protection laws.
Data Protection Legislation
• Listed below are the main principles of the UK Data Protection Act. This is meant as an
illustration only and should NOT be used for determining liability or operating principles.
You must read the full details of the act if you are considering legal implementation. For
more information about the UK data protection act please access the following Web
sites:
http://www.hmso.gov.uk/acts/acts1984/1984035.htm#aofs
http://www.pro.gov.uk/recordsmanagement/dp/default.htm
The information to be contained in personal data shall be obtained, and personal data
shall be processed, fairly and lawfully.
Personal data shall be held only for one or more specified and lawful purposes.
Personal data held for any purpose or purposes shall not be used or disclosed in any
manner incompatible with that purpose or those purposes.
Personal data held for any purpose or purposes shall be adequate, relevant and not
excessive in relation to that purpose or those purposes.
Personal data shall be accurate and, where necessary, kept up to date.
Personal data held for any purpose or purposes shall not be kept for longer than is
necessary for that purpose or those purposes.
An individual shall be entitled at reasonable intervals and without undue delay or
expense to be informed by any data user whether he holds personal data of which that
individual is the subject; and access to any such data held by a data user; and where
appropriate, to have such data corrected or erased.
Personal data held by data users or in respect of which services are provided by persons
carrying on computer bureau. Appropriate security measures shall be taken against
unauthorised access to, or alteration, disclosure or destruction of, personal data and
against accidental loss or destruction of personal data.
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