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George A. Smathers Libraries: Software Copyright Policy

I. Policy:

All staff of the George A. Smathers Libraries are required and expected to obey the laws and legal agreements governing software use. Failure to do so can lead to monetary damages and or criminal penalties for the individual violator. Because such violations are also against University policies and rules, disciplinary action will be taken as appropriate.

II. Date: March 1, 1995

III. References:

IV. Individual Users:
    A. It is the responsibility of University of Florida employees to make sure that they are in compliance with all state and university regulations relating to the use of computer software.
      1. An employee should make sure that the legality of each software package on any workstation assigned to them and to the workstations of employees who report to them or whose workstations they manage is properly documented.

      2. Evidence of legal acquisition (purchase, lease, or gift) of all software in use or possession must be available.

        a. Unit records for unit software or personal records should be sufficient to identify and retrieve evidence of legal acquisition for capitalized software.

        b. Records for uncapitalized software should be held in the unit, be readily retrievable, and should include statements of all licenses in use, license counts, locations where software is installed or available, to whom software is assigned, and sublicense statements where required. It is recommended that supporting materials be kept as well.

    B. Software must be installed and distributed within the restrictions defined by licenses or agreements with vendors.

      1. Installations are to be documented so that it is clear what was installed, when, and by whom.

      2. Software is protected by federal copyright law, which says that you can't make additional copies without the permission of the copyright holder. Copiers are liable for the resulting copyright infringement.

      3. It is illegal to install software onto more than one computer or to make copies of the software unless there is specific permission from the copyright holder.

        a. Backup copies, if permitted, must be made in accordance with licenses or vendor agreements and documented.

        b. For computers with multiple users, operating system features or utilities to protect installed software from misuses or copying must be utilized. In most computer operating environments, utilities are available to help protect software. The Library System Office can be consulted for appropriate options.

          Note: The failure to abide by the provision of law, University rules, regulations, or policies will result in disciplinary action which may result in dismissal.

V. Department Guidelines:

    A. Department Chairs and Office Heads should provide guidance to software users on responsibilities and appropriate use.
      1. Department Chairs and Office Heads should post notices of the University of Florida's software usage policy statement in computer facilities as appropriate.

      All faculty, staff, and students of the University are required and expected to obey the laws and legal agreements governing software use. Failure to do so can lead to monetary damages and/or criminal penalties for the individual violator. Because such violations are also against University policies and rules, disciplinary action will be taken as appropriate.

      2. Department chairs and Office Heads should assure evidence of legal acquisition (purchase, lease, or gift) of all software in use or possession within the department/unit is available.

        a. Unit records should be sufficient to identify and retrieve evidence of legal acquisition for capitalized software.

        b. Records for uncapitalized software should be held in the unit, be readily retrievable, and should include statements of all licenses in use, license counts, locations where software is installed or available, to whom software is assigned, and sublicense statements where required. It is recommended that supporting materials be kept as well.

      3. The New Staff Library Orientation program includes a general discussion on proper use of software and the copyright rules and regulations.

    B. Site licenses for software acquired with state funds or as gifts to the libraries are coordinated by the Deputy Director of Libraries.

    C. The Libraries' Systems Department, via the Systems Liaison Program, trains staff to deal with software/equipment misuse appropriately on the department/unit level.

      1. When equipment is moved and/or changes ownership, the local Systems Liaison must take care that software installed on that equipment is handled properly as guided by the Libraries' Systems Department.

      2. The Libraries' System Department maintained procedures to remove illegally installed software through the Systems Liaison Program.

    D. Department Chairs and Office Heads must monitor and keep records of authorized users, and inform new users of their responsibilities at the time they become authorized to use the facilities and services provided.
      1. Each unit should conduct a periodic review of compliance.

      2. Instances of noncompliance are to be reported to the Libraries' Systems' Department immediately.

VI. Responsibility:

This policy and procedure is maintained by the Deputy Director of Libraries with the cooperation of the Assistant Director for Technical Services.

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