A study of the legal implications of copyright law to the use of computer software in public education

Abstract

The purpose of this study was to review, synthesize and document federal statutes and litigation; utilizing literature pertaining to copyright and the use of computer software by educators. A combination of legal and historical research methodology was used to conduct the study.

The historical research involved primary and secondary source documents, from England and America. The legal research involved the use of law guides, finding-tools, legal sources, law journals, case law, and computerized search systems.

The study indicated that copyright litigation began as early as 567 A.D. The concept of copyright in England began as a method to control the publishing industry and evolved into a right of authors. Copyright in the United States is based on the Constitutional clause granting to Congress the power, "To Promote the Progress of Science and the Useful Arts, by securing for limited Times to Authors and Inventors the Exclusive Right to their respective Writings and Discoveries...." The first American copyright act, passed in 1790, has been the subject of two major revisions; the first in 1909 and the second in 1976.

The study also indicated that educators and publishers have opposing beliefs regarding the use of copyrighted materials. These beliefs are logical and defensible, and are not likely to be resolved without further revisions to the copyright laws. In an attempt to adjudicate these arguments, the judiciary has developed the "Doctrine of Fair Use." A review of federal case law revealed that teachers and educators have not faired well under this doctrine. Of the six cases in which educators pleaded fair use, only two were resolved in favor of the defendant educator. The trend of federal case law, involving computer programs, is to afford greater protection for these programs.

With regard to the copying of computer software for use in the public school classroom, that copying copyrighted software is illegal. Serial use of instruction programs does not infringe the copyright; however, any use which would increase the number of simultaneous users would violate the copyright owner‘s exclusive rights. School systems should develop written policies regarding the duplication and use of copyrighted software. The use of multiple licensing agreements is recommended.