Computer Software, Software Manuals and Computer Games
Computer Software
Computer software is considered a literary work and protected by copyright laws. However, there are some restrictions on copying software that may not apply to other types of literary works.
Fair Dealing provisions do not apply to computer software so copying less than 10 per cent or 'insubstantial portions' of a computer program without a license or permission from the copyright owner may be an infringement. Copying even a small portion could be deemed by the courts as 'substantial' because the portion might be considered an essential, important or vital part of the whole work.
The University does not have any blanket licences that enable copying or communicating of software in general. It does have individual licences with specific vendors for particular products - see Software Licences. Licences vary from one copy on a specific machine, multiple machines or networked arrangements. Individual licences should be checked before copying or loading such software on any University machines. For information see University policies and licences.
Technological protection measures are being used by copyright owners to prevent copyright infringements. Large penalties apply to those found to be making, importing and/or commercially dealing in devices that circumvent technological copyright protection measures, e.g. decryption software. This also applies to manufacturing of or dealing in devices which enable unauthorised reception of broadcasts such as pay TV. It is also an infringement to break a TPM except under limited circumstances. See Technological protection measures for more information.
See also Software Copyright: Roles and Responsibilities.
Additional information at Australian Copyright Council Information Sheet G50.
Software Manuals
Software manuals are considered literary works but are separate 'works' to the computer software itself. Permission or a licence to use or copy the computer software does not automatically extend to or apply to the associated manuals or installer programs. In many cases the copyright owners for the manuals or installer programs are different and independent of the software itself. The terms and conditions of use should be read and applied to the circumstances in which you intend to use the items, i.e. for personal use or educational use. Further restrictions often apply to educational use and a separate licence may need to be purchased and paid for. Providing a link to software, associate manuals or installer programs may imply that copying or communicating such material is acceptable. This in itself could be considered an infringing activity.
Computer Games
Computer games contain a number of different kinds of copyright material such as computer programs, moving images (films), artistic works, music and sound recordings. The University does not have any blanket licenses that allow the copying or communicating of computer games for educational purposes. Students or staff members creating computer games will need to seek permission from the appropriate copyright owners, before incorporating any other works associated with another computer game.
The 'shrink wrap' that games are supplied in should be checked for 'terms and conditions' of use which equate to a 'licence' in a court of law. In some cases they specify that lending is prohibited. By opening the games and breaking the shrink wrap we are agreeing to abide by 'the licence' in which case such games can only be made available for use in the library itself. If the 'licence' indicates no lending or rent for a fee, then the computer game can be lent to staff and students of the University and taken outside the library for use as no direct fee is exchanged.
The Education Resource Centre library holds selected computer games such as PlayStation and Xbox.