School Management

Software - Licensing and Copyright Policy

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Licensing and copyright for school software

Preventing software theft is both a managerial and individual employee responsibility. Both organisations and individuals within them are subject to the provisions of the Copyright Act, 1968 and penalties such as fines or imprisonment can be imposed on both organisations and individual users within them.

Illegally copied software also carries a high risk of computer virus infection. It can be difficult and time consuming to eradicate a virus and vital or sensitive data may be lost before this can be done.

For extra information please refer to the Department's Intellectual Property and Copyright Guidelines.

Departmental policy

  1. Unauthorised copying of software is illegal under the Copyright Act 1968 and is strictly forbidden.
  2. Use of illegal copies of software is illegal under the Copyright Act 1968 and is also strictly forbidden.
  3. Responsibility for ensuring compliance with (1) and (2) above rests with all users of PC software and specifically managers of local work areas and Principals in the case of schools.
  4. Only legitimately acquired software may be used and only in accordance with all applicable licence conditions.
  5. Disciplinary action may be taken by the Department against person or persons engaging anyone who engages in unauthorised copying and use of software. Compensation and Penalties for copyright infringement If copyright is infringed, the copyright owner generally has the right to take legal action to recover damages – that is, a sum of money intended to compensate the copyright owner for money lost due to the infringement. The amount of damages will depend on the circumstances. Where an infringer has made a profit from the copies made, the copyright owner can seek to recover that profit instead of damages. In some circumstances, infringement of copyright is a criminal offence to which fines and jail terms may apply. The criminal provisions generally apply to commercial piracy and have been applied particularly in relation to people infringing copyright in music, videos and computer software. An employee who infringes copyright is generally liable in their own right. However, their employer may also be liable if the employee was acting on instructions, or if the employer did not take reasonable steps to ensure that the employee did not use the employer’s equipment to make the infringing copies.
  6. Only software that has been legally purchased is to operate on DEECD equipment.
  7. Schools and work units should establish and maintain a software register (to include software name, serial number of product, date of purchase and the location of software) to enable verification of software compliance. This is not necessary in the DEECD central office as the EduAudit system provides this information.
  8. Only use software consistent with the Department's Standard Operating Environment (SOE) and/or operating guidelines including the Department's Acceptable Use Policy.