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ERIC Number: ED268668
Record Type: Non-Journal
Publication Date: 1985
Pages: 12
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Available Date: N/A
Copyright Issues in Computer-Assisted Instruction.
Helm, Virginia M.
The 1980 Amendments (P.L. 95-517) to the updated Copyright Law of 1976 contain two major provisions pertaining to computers. First, only one copy of the master copy of a piece of software may be legally duplicated--the backup copy made by the owner for archival purposes. Second, the only other legal copy of the master copy owned by the user is that copy reproduced by inputting the software into the computer in order to utilize the program. The amendment clearly prohibits the unauthorized duplication of copies of a computer program for distribution and use by other than the owner of the master copy. However, it does not directly address (1) using a single-loading master copy to boot up sequentially two or more microcomputers or (2) using a slightly modified master copy in a network of microcomputers. There are at least four other sources or tests for assessing the legality of these software uses: (1) the market effect test, (2) the intended use test, (3) the simultaneous/sequential users test, and (4) the fair use test. However, the otherwise harsh implications of copyright restrictions for the schools are mitigated by (1) licensing agreements that may provide financially beneficial options to schools, (2) technological advances making duplications of tangible copies increasingly difficult, (3) software producers designing programs specifically for use in networks, and (4) greater amounts of high quality/low cost software by nonprofit producers. Until these conditions become more prevalent, educators need to know and abide by the restrictions placed on the use of instructional software by the copyright law. (MLF)
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers
Education Level: N/A
Audience: Practitioners
Language: English
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A
Author Affiliations: N/A