UW-Whitewater University Handbook

Last policy revision: 9/1/97

Technology and Information Resources Policies

SOURCE: Office of Ass't Vice Chancellor of Technology & Information Resources

  1. Technology and Information Resources is available to provide administrative and academic computing services to University of Wisconsin-Whitewater.


  2. Technology and Information Resources will make its services available to:
    1. All offices of the University, provided that work performed is specifically related to functions of the office.
    2. Any faculty member of the University, provided that work performed is specifically related to a class the faculty member is teaching or is an aid in a scholarly research project in which the faculty member is engaged.
    3. Any student attending the University provided that work performed is specifically related to a class he/she is taking or a University-related scholarly research project in which he/she is engaged.
    4. Any student organization recognized by the Student Activities Office provided that work performed is University-related and is approved by the organization's adviser.
    5. Any other organization allowed by Wisconsin Statutes and Central Administration policy, provided that charges based upon full cost recovery are assessed.


  3. Users requesting Technology and Information Resources services will submit a request for said services to the appropriate office. All requests will be reviewed and evaluated. Recommended requests will be prioritized and done as priorities allow.


  4. Technology and Information Resources will honor requests for reports from data files only when such requests are consistent with established university guidelines and policies designed to satisfy provisions of the Federal Rights to Privacy Act. In general, information will be accessible on a "need to know" basis. Special or unusual requests will require approval from campus administration.


  5. The various Technology and Information Resources areas are "open" to provide service only when appropriate Technology and Information Resources employees are present and in direct supervision.


  6. Technology and Information Resources will charge users for all services, supplies, and equipment time used in the following situations:
    1. All funded faculty research projects.
    2. All student research projects not specifically related to a particular class.
    3. All requests by student organizations.
    4. Approved requests from outside agencies are subject to a processing charge in addition to equipment time and materials.


  7. The purchase of information processing hardware/software by operational units of the University must be in accordance with the University Information Processing Hardware/Software Acquisition Policy.


  8. Technology and Information Resources will provide standard forms used in the central computer facility at no charge to users. It is the responsibility of the user office to provide any special forms for its particular application. In addition, if usage of stock supplies by a user becomes excessive, Technology and Information Resources may charge the user for these supplies. Supplies required at distributed data processing sites are the responsibility of the user.


  9. All employees with access to computer based information are reminded of their role and responsibilities for data security and privacy. Section 943.70 of the Wisconsin Statutes, "offenses against computer data and programs," describes criminal acts subject to prosecution. In summary, anyone who willfully, knowingly and without authorization does any of the following is subject to prosecution:
    1. Modifies data, computer programs or supporting documentation.
    2. Destroys data, computer programs or supporting documentation.
    3. Accesses data, computer programs or supporting documentation.
    4. Takes possession of data, computer programs or supporting documentation.
    5. Copies data, computer programs or supporting documentation.


Policy & Procedures for Information Technology

Hardware/Software Acquisitions

SOURCE: Office of Ass't Vice Chancellor of Technology & Information Resources

INTRODUCTION

Section 16.97 of the Wisconsin Statutes directs the DOA to approve all state computer hardware and software acquisitions. Subsequently, the DOA issued State Administrative Policies and Procedures S/DP-A-1 and S/DP-A-2, effective June 5, 1980, that detailed specific procedures for computing acquisitions. Negotiations between UW System and the DOA have resulted in the delegation of a portion of computing approval process to the UWS.

The negotiating contract between UWS and DOA is described in the General Administration Policy Paper#20 (GAPP 20 issued 8/24/90). In summary, this document identifies procedures, types of procurements, and limits for procurement that have been delegated to the local campus.

POLICY

In accordance to GAPP 20 recommendations, UW-Whitewater will utilize the policy and procedures identified herein for campus approval of information technology equipment acquisitions.

Due to the convergence of information processing technology, this policy paper encompasses all information technology acquisitions. Specifically, this would include data, voice, video, text, and electronic imaging technologies.

GOALS

Technical Guidance and Assistance: A major objective of this policy is to provide a mechanism for technical guidance and assistance to users as they plan for new information technology applications. The intent is to provide a service that users can utilize as an aid in the decision making process, thereby releasing more of their valuable time for the operation of the respective offices or areas.

Campus-wide Planning: In general, planning in the university environment is difficult. Planning for information technology in the university environment is even more difficult but is absolutely necessary to maintain some sense of order and direction. It is important that information technology acquisitions be reviewed at a managerial level to insure that they complement a campus-wide planning process.

SERVICES

The rapid change of information technology has created an environment in which it is quite difficult for the professional staff to stay current and even more difficult for users. In general, users require assistance in selecting hardware/software that best satisfies their identified needs and is also compatible with existing university resources.

Consulting services are available in, among others, the areas of hardware selection, software selection, hardware/software compatibility and in planning for future acquisitions. These services are provided by the Technology and Information Resources staff, CAC members and in planning or study groups formed by the CAC. Implementation of the procedures of this policy will insure that individuals and units will bemade aware of these services and will be given an opportunity to use them where needed.

CATEGORIES OF ACQUISITIONS

Three separate categories of acquisitions are identified and are based upon function and university impact rather than solely on cost. In the event a project or acquisition is not easily categorized at a given level, it will default to the next highest level or ultimately Category I.

Category I

A major reconfiguration of an information processing center to include changes in mainframes and/or major software changes such as operating systems or data base management systems. This would include the establishment of a new information processing center, a distributed processing node to an existing center, or a telecommunications network. Other examples of Category I acquisitions would include University Accounting systems, student record systems, library automation systems, and a campus-wide network.

Category II

This category is related to major acquisitions for the purpose of capacity growth of existing systems and applications that would add significant new functionality or a significantly greater service level. The impact of Category II acquisitions would normally be divisional but could have campus-wide implications. Unit based or building based LANs would be Category II acquisitions and would be reviewed for compatibility and interoperability with the campus-wide network. Other examples would include classroom modernization, laboratory modernization and general computer access projects that have information technology implications. Minor academic and administrative software purchases will be treated as Category III items.

Category III

Category III is for purchases such as terminals, modems, microcomputers and related software intended for personal or unit specific application usage. Clusters of microcomputers or LANs would not be considered Category III items.

REVIEW STRUCTURE

Category I All Category I acquisition proposals must be submitted to the CAC for its consideration. The CAC will submit a commendation on each proposal to campus administration. Opportunities for campus-wide input (user groups, special interest groups and other interested parties) must be provided for by the CAC while negotiating a Category I proposal. Formal campus approval is required for Category I acquisitions.

Category II All Category II acquisition proposals must be submitted to the CAC for its consideration. The CAC will forward a recommendation to the requesting unit and the respective division head for final action.

Category III Category III requests need not be reviewed by the CAC. Category III purchase requisitions containing individual items worth $500 or more must be submitted to the Assistant Vice Chancellor for Technology and Information Resources (T&IR) for sign-off purposes.

The purpose of the sign-off procedure is:

  1. To indicate to purchasing that an appropriate review has occurred.
  2. To assist users with the process of obtaining all required components in the initial purchase.
  3. To provide the information needed by T&IR to plan and arrange for the infrastructure required to support the requested services.


PROCEDURES FOR ACQUISITION

Each division head will submit, in writing to the CAC during the annual budget development process, his/her anticipated Category I and II hardware/software acquisition plans for the ensuing budget year, July 1 to June 30. This procedure will consist of submitting a "Request for Acquisition-Information Processing Hardware/Software." All planned acquisitions for the budget year are to be included in the requests; however, requests may be submitted to the Assistant Vice Chancellor for Technology and Information Resources at other times to accommodate unique or rapidly changing needs. At that time, the Assistant Vice Chancellor for Technology and Information Resources will initiate the appropriate review procedure. Non-GPR funded areas that are required to revise budgets during the fall semester may submit a revised hardware/software acquisition request at that time.

The CAC will review and categorize requests and will initiate the appropriate review mechanism. Upon completion of the review, the CAC will prepare a recommendation "pro" and/or "con" for each request. These recommendations will be transmitted to division heads and the requesting office. Category I recommendations will be forwarded to campus administration for their review. Campus administration will convey to the CAC their action on Category I proposals forwarded by the CAC.

Procurement activities will be monitored by the Assistant Vice Chancellor for Technology and Information Resources and acquisitions will be reported to the CAC. University purchasing must send all purchasing requisitions (consisting of items $500 or greater) involving information technology equipment to the Assistant Vice Chancellor for Technology and Information Resources for sign-off and monitoring purposes.

RECONCILIATION PROCEDURES

In the event that a request would not be recommended for approval by the CAC, the formal procedure to reconcile differences is as follows:

Level I: The CAC will forward a written document to the requesting office and its respective division head detailing the reasons for the negative response.

The requesting office may initiate a reconsideration by requesting a meeting with the Division head of its respective division and the Division head of Technology and Information Resources.

One of the following will occur:

  1. The Division heads may agree that the proposal is not worthy of further discussion. In this case, the proposal is denied.
  2. The Division heads may agree with the requesting office about the worthiness of the proposal. In this case, the proposal will be approved with a written report of such action sent to the CAC.
  3. The Division heads may not agree on the worthiness of the proposal. In this case, the Division head from which the request originated may choose to escalate the matter to Level II.

Level II: The Division head of the division from which the request originated will submit the request to the Chancellor for further consideration. Subsequently, a review by the Chancellor's staff and a decision by the Chancellor will become final.

Electronic Publications Policy

SOURCE: Office of Ass't Vice Chancellor of Technology & Information Resources

PURPOSE

This policy statement provides a tool for electronic publications via UW-Whitewater computing facilities and provides guidelines for implementation of policies to assure accurate information representative of UW-Whitewater without stifling creative initiative. The UW-Whitewater computing infrastructure and facilities are to be used for educational purposes only, which include administrative, instructional, and professional activities integral to the educational mission of the University.

It is the intent of UW-Whitewater to ensure that any officially provided data is accurate.

It is also the University's intent to enable faculty, staff, and students to be able to publish freely and openly within the constraints of local, state, and federal laws, including copyright laws.

OFFICIAL DOCUMENTS

All official UW-Whitewater publications are approved by the Chancellor or his/her designee. A document that is official is one that purports to speak for the University and its official programs and departments, and not for individuals employed by UW-Whitewater. Some examples are: University, college, and departmental policies; official forms; academic and curricular information; institutional statistics; recruitment materials; financial aid guidelines, etc. For these purposes, it does not include electronic mail, memoranda, or correspondence. When official documents or publications are published electronically, all such official electronic documents must have a comment at the end of all files containing a contact name and e-mail address, and a last-modified time and date. The Campus Wide Information System Committee, or its designee, must approve publication of all such official electronic documents, to ensure authenticity, and will determine the format of this comment line.

OFFICIAL DEPARTMENTAL HOME PAGES

Apart from the University Home Page, it is recognized that each department and division would like their primary external representation to the world to be distinctive. In order to ensure quality and accuracy of information and its representation, there must be a common set of rules for all of these representations. This translates into the policy that departmental home pages can have a distinct custom look to them, but there must be several common elements as required by these policies and guidelines. Format and submission guidelines can be found in the UW-Whitewater Web Style Publishing Guide. Required elements are as follows:

  1. All photos and images used must have the express written permission of not only the person or organization that owns the image, but of any person(s) included within the image. Photos taken by News & Public Affairs have model release forms on file. Check with News & Public Affairs before using.
  2. All trademarks used must have the express written permission of the person or organization that owns the trademark.
  3. All copyrighted material used must have the express written permission of the person or organization that owns the copyright.
  4. All official home pages must have at least one link back to the UW-Whitewater home page. The UW-Whitewater logo icon is the suggested link back mark.
  5. Use of logo or registered trademarks must be pre-approved by the relevant agency. If approval is secured, the registered trademark symbol must be used in conjunction with the logo or mark. Any use of the UW-Whitewater logo or trademark must be pre-approved by the Chancellor or his/her designee.
  6. Information on the home page must be kept up to date, as appropriate. The home page should be updated at least twice a year. Outdated information should be replaced as needed: hourly, daily, weekly, etc. If no update is needed, the Webmaster is to be notified by memo, so the review date can be updated. Pages with no update or confirmation memo will be removed after six months.
  7. The college, department, or office creating the home page is responsible for ensuring that the information contained therein is of the highest editorial standards (spelling, punctuation, grammar, style, etc.) and factually accurate. If errors are observed, you may be contacted by the Webmaster and asked to make the necessary corrections.

UNOFFICIAL PAGES

It is also recognized that each individual faculty/staff member or student will have individual requirements for his/her pages. However, given that the UW-Whitewater computer and network infrastructure is a limited resource owned by the University, illegal or improper usage will be terminated when the University becomes aware of them. The contents of unofficial documents and pages must not violate any applicable export laws and regulations, must not constitute a copyright or trademark infringement, must not be used for commercial purposes, and must not otherwise violate any local, state, or federal laws.

Further, such pages should be in good taste commensurate to contemporary community standards. Such documents and pages must be in compliance with all appropriate UW-Whitewater campus policies and procedures, including "Responsibilities in Using the Internet and Network Resources at UW-Whitewater." Moreover, it is expected that such contents will not be in conflict with the policies and guidelines outlined herein. UW-Whitewater will not attempt to edit or pre-approve these pages, but any pages discovered that are in violation of these policies and guidelines shall be subject to removal from the UW-Whitewater network. An appeal of such removals can be taken through standard University complaint procedures for faculty, academic staff, and students. In such cases, the body reviewing the complaint should be advised by the Campus Wide Information System Committee.
(Revised 8/97)

Computing and Network Usage Policy(1)

Source: Assistant Vice Chancellor of Technology & Information Resources

INTRODUCTION

This document and its companion documents(2) are intended to serve as policy in several areas of computing and network usage at the University of Wisconsin-Whitewater. These areas are:

In each of the above areas the University of Wisconsin-Whitewater and individual users have both rights and responsibilities. These are outlined below.

AUTHORIZED ACCESS AND USE

Authorized access to UW-Whitewater computing systems and networks is accorded to those users provided accounts or given special permission by Technology & Information Resources. Typically, these users consist of current faculty, staff, and students of the University, anyone connecting to a public information service of the University (e.g., the UW-Whitewater World Wide Web Home Page, an anonymous ftp server, etc.), and others whose access furthers the mission of the University.

Users will not use another person's computer account without permission. Passwords will be kept private and users will not allow unauthorized use of their accounts.

APPROPRIATE USE OF COMPUTING RESOURCES

The UW-Whitewater computing infrastructure and facilities are for University purposes only; these purposes include administrative, instructional, and professional activities (e.g., research) integral to the mission of the University.

UW-Whitewater computing facilities and networks cannot be used as a vehicle for political campaigns or for commercial advertising.

UW-Whitewater computing facilities and networks cannot be used for personal business or compensated outside work, or for the benefit of organizations not related to UW-Whitewater except in connection with scholarly pursuits (e.g., faculty publishing activities), consulting activities, and services that do not violate UW-Whitewater or UW System policies or State regulations and laws.

The origination of "junk mail," chain letters, or otherwise flooding the network with huge volumes of unsolicited electronic mail is not appropriate use of network resources and will not be tolerated.

FREE EXPRESSION

The constitutional rights to freedom of speech and press apply to all users as protected under prevailing court decisions and applicable law.

PRIVACY AND CONFIDENTIALITY OF RECORDS AND COMMUNICATIONS

The University of Wisconsin-Whitewater will take all reasonable precautions to protect the privacy and confidentiality of user records and communications. The University will not seek access to user documents or messages except where necessary to

Individual users should not look at, copy, alter, or destroy anyone else's documents or files without permission to do so. Access to the files and documents of others, whether authorized or inadvertent, does not imply the right to read, edit, or delete them without specific permission of their owners. Users with access to student records must be especially sensitive to compliance with the Family Educational Rights and Privacy Act of 1974 (Buckley Amendment).

HARASSMENT

All users have the right to freedom from harassment and undesired information by computer or network usage by others.

No user may use UW-Whitewater computing facilities to harass any other person.

The following shall constitute computer harassment: (1) Intentionally using the computer to annoy, harass, terrify, intimidate, threaten, offend, or bother another person by conveying obscene language, pictures, or other materials or threats of bodily harm to the recipient or the recipient's immediate family; (2) Intentionally using the computer to contact another person repeatedly with the intent to annoy, harass, or bother, whether or not any actual message is communicated, and/or where no purpose of legitimate communication exists, and where the recipient has expressed a desire for the communication to cease; (3) Intentionally using the computer to contact another person repeatedly regarding a matter for which one does not have a legal right to communicate, once the recipient has provided reasonable notice that he or she desires such communication to cease (such as debt collection); (4) Intentionally using the computer to disrupt or damage the academic, research, administrative, or related pursuits of another; (5) Intentionally using the computer to invade the privacy, academic or otherwise, of another or the threatened invasion of the privacy of another.(4)

PROTECTION OF INTELLECTUAL PROPERTY

The University of Wisconsin-Whitewater has the responsibility to uphold software license provisions and copyright laws for the software that is officially installed and the publications officially posted on the campus network. The University cannot accept responsibility for unofficial software installations, publication postings, and messages that are the acts of private individuals acting in a private capacity. The University will, however, remove software or publications from its network and computing facilities whenever it discovers their installation constitutes copyright violation, piracy, or other form of malfeasance.

Users are expected to respect the intellectual property rights of others in the use of University computing and network facilities including the observance of copyright law, license provisions, and the proper attribution of authorship of documents. Instructional faculty and staff are expected to comply with copyright legislation pertaining to fair use of educational multimedia.

OBSCENITY AND PORNOGRAPHY

While the University of Wisconsin-Whitewater encourages the use of our computing and network facilities as a medium of free expression, it must also abide by the Communications Decency Act of 1996 and Wisconsin laws on obscenity and pornography.

Users are reminded that the public display of obscene or sexually explicit images on the Internet or from other sources may constitute misconduct, and in some cases sexual harassment, that is subject to University disciplinary action or prosecution under the laws of the State of Wisconsin.

ELECTRONIC PUBLICATIONS

See "UW- Whitewater Policies on Electronic Publishing" for details on electronic and World Wide Web publications.

FAILURE TO COMPLY WITH INFORMATION TECHNOLOGY RESOURCES POLICIES

Failure to adhere to the provisions of this policy may result in the suspension or loss of access to university technology resources, appropriate disciplinary action as provided under existing procedures applicable to students, faculty, and staff, or civil or criminal prosecution.

To preserve and protect the integrity of information technology resources, there may be circumstances where the university must immediately suspend or deny access to the resources. Should a student's access be suspended under these circumstances, the University shall inform the student immediately and shall afford the student an opportunity to respond. The University shall then determine whether disciplinary action under Chapter UWS 17, Wisconsin Administrative Code, or some alternative course of action, is warranted and shall follow the procedures established for such case.(5)



1 The provisions of this document are developed in accordance with the parameters established by University of Wisconsin-Whitewater policies and regulations, UW-System regulations, and State of Wisconsin regulations or law that may pertain to the matters discussed herein. Appreciation is acknowledged to the Georgia Institute of Technology for permission to use sections from its "Computer and Network Usage Policy" in this document.

2 Companion documents are "UW-Whitewater Policies on Electronic Publications" and "Responsibilites in Using the Internet and Network Resources at UW-Whitewater." The latter is distributed to all users upon receipt of a new e-mail account.

3 This section has been adopted from the "Proposed Policy on Use of University Information Technology Resources" for UW System authored by the UW System Cyberspace Policy Review committee, February 3, 1997.

4 This section has been adipted from "Computer and Network Usage Policy," published by the Georgia Institute of Technology.

5 This section has been adopted from the "Proposed Policy on Use of University Information Technology Resources" for UW System authored by the UW System Cyberspace Policy Review Committee, February 3, 1997.

(Revised 8/97)

Responsibilities in Using the Internet
and Network Resources at UW-Whitewater

SOURCE: Office of Ass't Vice Chancellor of Technology & Information Resources

The campus computer network at UW-Whitewater provides access to the campus computing facilities, including electronic mail and the Internet--a worldwide collection of independent computer networks. All UW-Whitewater students, staff, and faculty can use e-mail and the Internet by first establishing a personal account on the network. Having an account is a privilege, in exchange for which you must agree to certain responsibilities:

Respect the fact that, at UW-Whitewater, the primary use of the Internet network is academic: teaching, class assignments, research and communication, and administration.

The following actions are considered unacceptable and participation in them may result in disciplinary actions and/or the loss of your Internet account and privileges:

Playing games on the Internet, especially Multi-User Domain (MUD) games, is not considered an academic activity. Technology & Information Resources may restrict access for game-players in order to conserve network resources for academic users.

Logging onto your personal account on the network constitutes agreement to the above guidelines. Remember that as a user of the Internet network, you are accountable for your actions when accessing network services.

Computer Software Copyright Policies

SOURCE: Office of Ass't Vice Chancellor of Technology & Information Resources

BACKGROUND

Respect for the intellectual labor and property rights of others is vital to the academic enterprise. This principle applies to electronic information in a manner similar to the works of authors and publishers. The ease with which computer based information can be copied cannot be a justification for illegally using, copying, or reproducing computer software or related materials protected by copyright laws. Computer software license agreements may vary from product to product and are more dynamic than some of the more traditional copyright arrangements. It is essential that individual users of computer software be cognizant of license agreement constraints and abide by the conditions specified therein.

POLICY

All members of the University community; faculty, staff and students are expected to act responsibly and ethically in obeying the U.S. Copyright Law as it applies to computer software. Specifically, the following conditions are to be understood and observed.

  1. The University of Wisconsin-Whitewater legally licenses the use of computer software from vendors and developers. It does not normally own this software or the related documentation. Unless specifically authorized by the vendor or developer, no individual has the right to copy this software or documentation for educational or other purposes.
  2. University of Wisconsin-Whitewater employees also acquire computer software on their own and not through the University of Wisconsin-Whitewater that they may wish to use on University equipment. Use of University owned equipment to illegally copy or otherwise illegally use privately owned software is not permitted.
  3. The University of Wisconsin-Whitewater does not require, request, or condone unauthorized copying or use of computer software. Such unauthorized copying or use is not considered to be within the scope of employment.
  4. All employees (unclassified, classified, limited-term, student, or contract temporary) shall use software only in accord with the applicable license agreement. Only software used in accord with the applicable licensing agreement shall be run on University equipment.
  5. Violations of this policy are to be reported to the supervisor/department chair, dean/division head, or the chancellor's office.
  6. According to U.S. Copyright Law, illegal reproduction of software can be subject to substantial civil damages as well as fines and imprisonment. University employees who knowingly or willfully make, acquire, or use unauthorized copies of computer software are subject to disciplinary action up to and including dismissal, consistent with the provisions of Chapters UWS 4, 6, 11, 13, or 17, Wisconsin Administrative Code, as appropriate.
  7. If the University of Wisconsin-Whitewater is sued or fined because of unauthorized copying or use by its employees, it may seek repayment from the individuals for associated costs. If an individual is sued in a civil action alleging that he or she has made or used a copy of computer software without authorization, liability protection under Wisconsin Statutes applies when an employee is operating within the scope of his or her employment responsibilities. Each case will be evaluated on its own merits. In the event of a claim of unauthorized copying or use of computer software, therefore, the university must evaluate facts associated with the particular claim to determine if the employee is acting within the scope of employment, for purposes of extending the state's liability protection.


APPROPRIATE USE

Although license agreements may vary on different software products, the following general principles will assist purchasers in determining appropriate and/or inappropriate usage. In cases not covered by the general principles, professional ethics and good judgment should be the governing principles.

Purchase Conditions

Most computer software is licensed rather than sold. The "license" grants the purchaser the right to use the software under the provisions of the license agreement. Frequently the package containing the software is wrapped in clear plastic through which legends similar to the following appear:

You should carefully read the following terms and conditions before opening this diskette package. Opening this diskette package indicates your acceptance of these terms and conditions. If you do not agree with them you should promptly return the package unopened and your money will be refunded.

Even though these conditions are unilaterally imposed by producers, in the absence of authority to the contrary, one should assume that such licenses are in fact binding contracts. Therefore by opening and using the software the purchasers may become contractually bound by the terms of the agreement wholly apart from the rights granted the copyright owner under the copyright laws.

Following such legends are the terms and conditions of the license agreement. The terms vary greatly between software producers and sometimes between programs produced by the same producer. Many explicitly prohibit rental or lending; some limit the program to use on one identified computer or to one user's personal use.

Lending Software to Others

  1. Copyright notice placed on a software label should not be obscured.
  2. License terms, if any, should be circulated with the software package.
  3. In general, purchaser may not use "archival" copy while original copy is on loan.
  4. Although purchasers generally will not be liable for infringement committed by borrowers, purchasers should not encourage, nor condone, illegal copying by borrowers. Professional ethics and good judgment should be used in instances where software is loaned.

Archival Copies

  1. Purchasers may lawfully make one archival copy of a copyrighted program under the following conditions:
    1. one copy is made;
    2. if possession of the original ceases to be lawful, the archival copy must be destroyed or transferred along with the original program;
    3. copyright notice should appear on the copy.
  2. The original may be kept for archival purposes and the "archival copy" can be used as the working copy. Only one copy--either the original or the archival--may be used at any given time.
  3. If the working copy is destroyed, another "archival" copy may be made.
  4. If the working copy is stolen, the copyright owner should be consulted before using the "archival" copy.

In-Laboratory and In-Classroom Use

  1. License restrictions, if any, should be observed.
  2. If only one program is owned under license, ordinarily it may only be used on one machine at a time.
  3. Most licenses do not permit a single program to be loaded into a computer which can be accessed by several different terminals or into several computers for simultaneous use.
  4. If the machine is capable of being used by others to make a copy of a program, a warning should be clearly displayed on the machine or in the laboratory area, such as: MOST COMPUTER PROGRAMS ARE PROTECTED BY COPYRIGHT, 17, U.S.C. &101. UNAUTHORIZED COPYING MAY BE PROHIBITED BY LAW.

Transfer of License

The purchaser of a software license may transfer the license to another party by gift or sale. In such cases, full disclosure and transfer of copyright information is required. Since all copies of the software and accompanying documentation are to be transferred to the new licensee, the original purchaser may not continue to use the software.

Shareware

Shareware is copyrighted software developed and placed on the market with the expectation that individuals who make use of the software will pay for it. Shareware is a unique marketing approach whereby developers encourage individuals to copy the software for evaluation purposes. If the software is adopted for use, it is expected that the user will register for support and purchase a manual. Usually, a nominal fee of $10-$100 is involved. Users of shareware are encouraged to honor the author's expectation.

Information on Software Ownership and Copyright Considerations

SOURCE: Office of Ass't Vice Chancellor of Technology & Information Resources

Computer software developed by faculty, staff, and students of the University of Wisconsin-Whitewater falls under the UW System General Administrative Policy Paper No. 10, Computing Software Ownership. UW-W hereby interprets the GAPP#10 policy by defining five levels of university support which software authors should use to assist in determining ownership and copyright assignment:

  1. there was no university system support and involvement;
  2. there was minimal university system support and involvement (such as the use of laboratories and/or equipment);
  3. there was substantial university system support and involvement and/or released time provided with the expectation that copyrightable instructional materials would result;
  4. the development took place as the result of an assigned duty, classroom assignment and/or work-for-hire arrangement;
  5. there was support from an extramural sponsor.


Following are general rules of thumb in defining ownership based on the levels of support:

Copyright Notice

To protect computer software by United States copyright laws, a copyright notice must be prominently placed in the program and all documentation and other printed material. This notice must take the form:

(c) Copyright (date) (owner)

All Rights Reserved

where (date) is the year in which the software was developed, and (owner) is the legal name of the person or organization to which the copyright is to be assigned. Personal copyrights are good for the author's lifetime plus 50 years. Institutional copyrights are good for 75 years from the date of first publication or 100 years from the date of creation, whichever occurs first. The copyright notice should be placed as a comment in the source code and should also be imbedded in the compiled code. This may be accomplished by placing the notice in a data statement before compiling. If the program interacts with its user, displaying the copyright notice on the screen when the program starts is a good way to make it prominent and imbed it into the compiled code at the same time. Authors are encouraged to consult with User Training and Support Services for assistance in placing the copyright notice into their programs.

The phrase "All Rights Reserved" provides protection in some South American countries. Adding the small c with a circle around it just in front of the word "Copyright" will extend protection to most foreign nations. Using parentheses around a c probably will not satisfy this requirement, but it is better than not using either parentheses or a circle.

If the software belongs to the university, the following copyright notice should be used (note that the date 1984 indicates that the software was developed in 1984):

(c) Copyright 1984 Board of Regents of the University of Wisconsin System
All Rights Reserved

If the software belongs to an individual, the following copyright notice should be used if John Doe developed the software in 1982:

(c) Copyright 1982 John Doe
All Rights Reserved

Copyright Registration

The copyright should be registered with the Copyright Office. This may be accomplished by obtaining Form TX from:

Copyright Office
Library of Congress
Washington, DC 20559

A registration fixes an absolute date on the material and is necessary if legal action is to take place based on the copyright.

UWW Web Development Team-UW Whitewater
For comments: webmaster@uww.edu.
Last Web revision on November 11, 1998 by ps.
URL: http://www.uww.edu/uwwhdbk/0029j.htm