Department of Commerce's Software Copyright Policy, November 1993
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U. S. DEPARTMENT OF COMMERCE
COPYRIGHTED SOFTWARE POLICY
Title 17, United States Code, Section 106 gives copyright
owners exclusive rights to reproduce and distribute their
material, and Section 504 states that copyright infringers
can be held liable for damages to the copyright owner.
Title 18, United States Code provides felony penalties for
software copyright infringement.
It is the responsibility of each DOC employee and supervisor
to protect the government's interests as they perform their
duties. This includes responsibility for assuring that
commercial software, acquired by the government, is used
only in accordance with licensing agreements. Likewise, it
is also their responsibility to assure that any proprietary
software is properly licensed before being installed on DOC
equipment. This policy does not apply to software developed
by or for a federal agency and no restrictions apply to its
use or distribution within the federal government.
Supervisors will ensure that the following requirements are
made known to all employees and will be held accountable for
conducting periodic audits to ensure that these policies are
being followed:
1. Install only commercial software, including shareware,
that has been purchased through the government
procurement process on DOC systems;
2. Follow all provisions of the license agreements issued
with the software and register organizational
ownership;
3. Do not make any illegal copies of copyrighted software.
Normally the license will allow a single copy to be
made for archival purposes. If the license is for
multiple users, do not exceed the authorized number of
copies;
4. At least annually, an inventory of all software on each
individual PC will be audited against the
organization's license agreement records to ensure that
no illegal copies of commercial software are installed
on any equipment.
5. Maintain written records of software installed on each
machine and ensure that a license or other proof of
ownership is on file for each piece of software;
6. Store licenses, software manuals and procurement
documentation in a secure location (i.e., closed file
cabinet, etc.);
7. When upgrades to software are purchased, the old
version should be disposed of in accordance with the
licensing agreement to avoid a potential violation.
Upgraded software is considered a continuation of the
original license, not an additional license;
8. Some government owned software licenses do allow
employees to take copies home for use on their
personally owned computers under specific circumstances
(e.g., for government work but not personal business).
Unless the license specifically states that employees
may take copies of software home for installation on
home computers, doing so is a violation of the
copyright law and the individual will be liable.
9. All illegal copies of software will be deleted
immediately.
All organizations must acquire special purpose software to
inventory and document all software on all PCs belonging to
the organization. This special purpose software may be a
commercial product or the organization may acquire free
software produced by the Software Publishers Association for
this purpose from their operating unit ITSO.
Individual employees should be discouraged from installing
their personally owned software on government equipment. If
it is in the best interest of the DOC organization to allow
personally owned software, authorization must be granted in
writing by the immediate supervisor, showing the
justification. Prior to authorization, the employee must
provide the software license and give assurance that
copyright infringement will not occur from installation on
government equipment. Employees not following these
procedures shall be held personally liable for any
violations of the copyright laws and subject to the
penalties contained in Title 17 and Title 18 of the United
States Code.