Know and understand the need for copyright legislation and the principles of copyright relating to computer software (e.g. software piracy)

Topic 9 – Audience & Copyright Legislation

Learning Objective

Know and understand why copyright legislation is needed and the key principles that apply to computer software (including software piracy). Recognise how the audience influences copyright decisions when creating ICT artefacts and be able to analyse and evaluate those decisions (AO3).

9.1 Audience Appreciation

Different user groups have distinct rights, responsibilities and licence needs.

AudienceTypical Rights / ResponsibilitiesCommon Licence Types
Teachers & studentsMay copy limited excerpts for teaching under the educational exception of fair dealing; must credit the source and avoid unauthorised distribution.Educational fair‑dealing, Creative Commons BY‑NC‑SA
Businesses (commercial use)Require licences that cover resale, internal training and redistribution to clients; unauthorised copying can lead to civil penalties.Proprietary commercial licence, volume/subscription licences
Public website visitorsExpect content that respects copyright and accessibility standards; any reused media must be properly attributed.Creative Commons licences, royalty‑free stock
Developers / open‑source contributorsOften create and modify code that will be shared; need clear terms about redistribution, modification and attribution.GNU GPL, MIT, Apache, BSD licences

Checklist for planning an ICT solution (AO3 – analyse & evaluate)

  1. Who is the primary audience?

  2. What purpose does the artefact serve (education, commercial, personal, collaborative development)?

  3. Which copyright exceptions (if any) apply to that audience?

  4. Which licence type best balances the audience’s needs with the creator’s rights?

  5. Justify your choice – explain why an alternative licence would be unsuitable.

Practical Activity – Licence Justification

For each scenario identify the audience, select the most appropriate licence, and write a short justification (2‑3 sentences).

  1. A school distributes interactive worksheets to pupils.

    Audience: teachers & students

    Licence: Educational fair‑dealing (or CC BY‑NC‑SA)

    Justification: …

  2. A start‑up sells a mobile app worldwide.

    Audience: paying customers

    Licence: Proprietary commercial licence

    Justification: …

  3. An open‑source community releases a reusable library.

    Audience: developers

    Licence: GNU GPL (or MIT)

    Justification: …

  4. A university creates a promotional video for YouTube.

    Audience: public visitors

    Licence: Creative Commons BY‑NC‑SA (or all‑rights‑reserved with permission for YouTube)

    Justification: …

Why Copyright Legislation Is Needed

  • Protects the moral and economic rights of creators and developers.

  • Encourages innovation by ensuring creators can reap financial benefits.

  • Provides a clear legal framework for dealing with unauthorised copying, distribution or modification.

  • Maintains a fair market for software and other digital products.

  • Prevents loss of revenue that would otherwise reduce investment in new software and digital content.

Quick‑Facts Box – Duration of Copyright

How long does copyright last?

  • Literary, artistic, musical and software works: life of the author + 70 years.

  • Works made for hire / corporate works: 70 years from the end of the calendar year in which they were first published.

  • Databases (sui generis right): 15 years from the date of creation or publication, renewed if the database is substantially updated.

Legal Framework (UK & International)

  • Copyright, Designs and Patents Act 1988 (CDPA) – sets out owners’ exclusive rights, duration and the fair‑dealing exceptions.

  • Berne Convention for the Protection of Literary and Artistic Works – ensures a minimum level of protection in all signatory countries.

  • Other relevant instruments: World Intellectual Property Organization (WIPO) treaties, EU Directive on Copyright in the Digital Single Market (where applicable).

Fair Dealing (UK) vs. Fair Use (Other Jurisdictions)

AspectFair Dealing (UK)Fair Use (US & many other countries)
ScopeLimited to specific purposes listed in the CDPA (research, private study, criticism, review, news reporting, education, parody).Broad, purpose‑driven test (purpose, nature, amount, effect on market).
AssessmentMust be “fair” and only the amount necessary for the purpose.Four‑factor analysis – no exhaustive list of permissible uses.
Typical classroom exampleCopying a short excerpt (e.g., 1‑2 paragraphs of code or a 30‑second video clip) for a lesson.Similar, but the same excerpt might also be allowed for “transformative” uses such as remixing.

Key Principles of Copyright for Computer Software

PrincipleDescription & Example
OriginalityThe work must be the author’s own creation. Example: a unique sorting algorithm or a custom‑designed UI.
Exclusive RightsThe copyright holder may reproduce, distribute, modify, publicly perform and make the work available online.
DurationLife of the author + 70 years (individual works) or 70 years from publication for works made for hire.
Fair dealingLimited exceptions for research, private study, criticism, review, news reporting and education. Use must be “fair” – only as much as needed.
LicensingSoftware can be released under a range of licences:

  • Proprietary licence – e.g., Microsoft Windows; users pay a fee and are restricted from modifying or redistributing.

  • GNU GPL – open‑source; copying, modifying and redistributing are allowed provided the source remains open and the same licence is applied.

  • MIT / Apache – permissive open‑source; allows reuse with minimal conditions.

  • Creative Commons (CC‑BY‑NC‑SA) – often used for images, audio or text; requires attribution, non‑commercial use and share‑alike.

InfringementUnauthorised copying, distribution or modification. May lead to civil claims, fines (up to £5 000 per infringement for individuals, up to £20 000 for organisations) or criminal prosecution.

Copyright Considerations for Different ICT Artefacts

Artefact TypeKey Issues, Typical Exceptions & Example
Software (applications, scripts)Requires a licence; copying the executable or source code without permission is infringement. Fair dealing may allow a short code fragment (< 10 lines) for classroom teaching.
Example: copying a 5‑line function to illustrate recursion in a lesson.
Images & photographsNeed permission or use royalty‑free/CC‑licensed images. Attribution required for CC licences. Fair dealing permits brief excerpts for criticism or education.
Example: using a 2‑second clip of a stock photo in a slide deck with attribution.
Audio & video clipsProtected by both copyright and neighbouring rights. Short clips (e.g., ≤ 30 seconds) may be allowed for review, news or education under fair dealing.
Example: playing a 15‑second music excerpt to discuss rhythm in a music‑technology class.
Text documents (reports, essays)Original text is protected. Quotations up to a “reasonable length” are permitted for criticism, review or research.
Example: quoting a 3‑sentence paragraph from a journal article in a research report.
DatabasesProtected by copyright (structure) and a sui generis database right. Extracting a substantial part without permission infringes.
Example: reproducing 30 % of a commercial product list in a competitor’s brochure.
Web content (HTML, CSS, JavaScript)Code and design are copyrighted. Re‑using small snippets may be allowed under fair dealing if the amount is not substantial and credit is given.
Example: copying a 5‑line CSS rule to illustrate styling in a tutorial.
Presentation files (PowerPoint, Keynote)Slides combine text, images and possibly audio/video. Each element must respect its own copyright. Fair dealing can cover short quoted text or brief video clips.
Example: inserting a 10‑second news video clip to illustrate a point, with source citation.

Software Piracy – Definition & Motivations

Software piracy is the unauthorised copying, distribution, or use of software. Typical motivations include:

  1. Cost savings – obtaining software without paying the licence fee.

  2. Lack of awareness – users may not understand the legal or security implications.

  3. Ease of access – peer‑to‑peer networks, illegal download sites and cracked installers.

  4. Perceived low risk of detection or enforcement.

Consequences of Software Piracy

ImpactDetails
Legal penaltiesFines up to £5 000 per infringement for individuals, up to £20 000 for organisations; possible imprisonment under the CDPA.
Financial lossReduced revenue for developers, leading to fewer resources for new products.
Security risksPirated copies often lack updates and may contain malware or back‑doors.
Reputation damageBusinesses caught using illegal software may lose client trust and fail compliance audits.
Reduced innovationLess income means less investment in research and development.

Preventing Piracy in an Organisation (AO2 – apply knowledge)

  • Implement a Software Asset Management (SAM) policy and keep an up‑to‑date licence register.

  • Purchase legitimate licences; consider volume or subscription licences to lower per‑user cost.

  • Educate staff about legal, ethical and security consequences of piracy.

  • Run regular internal audits and use automated tools to detect unauthorised installations.

  • Adopt a clear BYOD policy that requires only authorised software on corporate devices.

Class Activity (AO2 & AO3) – Draft a one‑page SAM policy for a fictitious company, then evaluate how the policy helps prevent piracy and supports compliance with the CDPA.

Mini‑Case Study – Evaluating Copyright Risk

Scenario: A secondary school creates a 5‑minute promotional video for its YouTube channel. The video includes:

  • A 15‑second clip from a popular music video.

  • Three photographs taken by a student during a school event.

  • A short animation created in Scratch.

Students must:

  1. Identify the copyright status of each element.

  2. Determine whether any fair‑dealing exceptions apply.

  3. Recommend the most appropriate licence(s) for the final video.

  4. Justify the recommendation, highlighting any risks of infringement.

Suggested Diagram

Flowchart – “Software creation → Copyright protection (CDPA & Berne) → Licensing (proprietary / open‑source) → Legal use vs. piracy → Consequences (legal, financial, security).”

Summary

Copyright legislation safeguards the moral and economic rights of creators, encourages ongoing innovation, and provides a legal basis to combat piracy. Understanding the core principles – originality, exclusive rights, duration, fair dealing, licensing and infringement – together with the specific needs of different audiences, enables students to make ethical decisions and manage software and other digital content responsibly in both personal and professional contexts.