Policies:  Computer Software Policy

1. PURPOSE
To establish a computer software policy for the University.

2. SCOPE
This policy applies to the entire University community.

3. OBJECTIVE
This policy is designed to ensure that the University is in legal and ethical compliance in its acquisition and use of commercial educational and administrative computer software.

4. POLICY
It is the policy of Indiana University of Pennsylvania that contractually protected and/or copyrighted computer software shall not be improperly copied, distributed, or used by its employees, students, or affiliated organizations.

4.5 NOTES

Fair Use Provisions:
The above policy statement recognizes that the application of the fair use doctrine to computer copyrights is an unsettled area of the law at this time. Therefore, a distinction between academic and administrative use of software and specifications of the condition(s) for entering software license agreements has not been made.

Code of Ethics:
This policy has sympathy for the concept that those who create an intellectual product should be fairly compensated for that product. Further, it recognizes that ". . . respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgement, right to privacy, and right to determine the form, manner, and terms of publication and distribution . . ."* The policy also recognizes that users too have rights and that ultimately the ethical use of software involves a balance between the competing interests of users and vendors.

*EDUCOM Software Initiative

5. DEFINITIONS

University Community:  All full and part-time University employees, including faculty, students and staff, as well as the employees and members of affiliated organizations of the University.

Affiliated Organizations:  Those organizations integrally connected with IUP such as the Student Co-op Association, Foundation for IUP, recognized organizations as defined by the University, and the Alumni Association. 

Supervisor:  One who is responsible for another; such as faculty with regard to students, deans with regard to faculty, and managers or supervisors with regard to staff employees.

6. RESPONSIBILITIES

University Community:  It is the responsibility of each member of the University community to adhere to this policy and to enforce it with regard to those they supervise. If any member of the community has a question regarding the propriety of using software, s/he is responsible for contacting his/her supervisor for direction. The supervisor may in turn refer the question to the Director of Academic Computing of the ISCC for a decision on what constitutes proper use.

Director of Academic Computing Services:  Responsible for policy interpretation by providing responses to specific questions that arise regarding the definition of proper use and the applicability of the policy.

Associate Vice President for Computing:  Appeals of policy interpretation will be reviewed and a decision rendered.

7. PROCEDURES
Specific questions of propriety, definition and applicability that arise are to be submitted in writing to the Director of Academic Computing Services. A written response will be issued in a timely manner. Copies of the decision will be forwarded to the office of the Associate Vice President for Computing where an official file will be maintained.

Any appeals are to be addressed in writing within ten working days to the Associate Vice President for Computing. Each appeal will be reviewed by the Associate Vice President who will seek legal advice as necessary, and render a decision in a timely manner.

Individual members of the University community who are found to be improperly making or acquiring unauthorized copies or who are improperly using computer software will be confidentially notified by their supervisor of the policy and its application in the particular case, and instructed to comply.

Once a decision is made and options for compliance provided, the individual will be expected to comply, subject to standard University disciplinary practices. In addition, failure to comply may subject the individual to criminal prosecution and/or civil suit under State and/or Federal law.

A simplified version of this policy will be placed in the student handbook and in each of the public computing laboratories. It will be emphasized that if users have any questions regarding proper use, they should ask their supervisor.

8. RECISION
With the adoption of this policy, the interim computer software policy for IUP approved by the University Senate April 14, 1987, is rescinded.

9. PUBLICATIONS STATEMENT
It is the policy of Indiana University of Pennsylvania that contractually protected and/or copyrighted computer software shall not be improperly copied, distributed, or used by its employees, students, or affiliated organizations.

10. DISTRIBUTION
Code A--all employees.

created May 19, 1989