Recommendations for ensuring the legality of computer programs in business entities
These recommendations are aimed at streamlining the process of using computer software and computer equipment pre-installed computer program entities of Ukraine to the establishment of a system of internal controls over the use of computer programs, compliance with legislation in the field of intellectual property.
Recommendations can be used for development and approval of the head of the entity's internal documents, binding workers - Regulation of use of computer programs (hereinafter - the Rules).
1. Terms
1.1. In terms of these Guidelines shall have the following meanings:
agreement on the transfer of exclusive intellectual property rights in a computer program - a contract in which one party (the person who has an exclusive property right) passes the other side in part or in full, these rights according to law and to set contract terms;
agreement on the establishment of order and using a computer program - a contract in which one party (the programmer) will create a computer program according to the second party (customer) and in time;
computer software - a set of instructions in the form of words, numbers, codes, diagrams, symbols or in any other form, expressed in a form suitable for reading a computer, which lead him into action to achieve a specific goal or result (this notion covers both operating system and application, expressed in the source or object codes);
free use of a computer program - computer program that is distributed under a license that gives the user permission to: use the program for any purpose, access code, any study of mechanisms of the program, the use of mechanisms (the principles) operation of any arbitrary part of program for other programs and (or) adaptation to the needs of the user playback program and distribute copies in any way and in any form, change and free distribution as the original application and amended, on the same terms and conditions under which subject and the original program;
Control stamps - a special character that gives the right to distribute copies of computer programs and databases. Verification mark is a sign of self-adhesive single use, the outer side of which has a special holographic security.
licensed computer program - a computer program that is put into circulation, distributed and used in compliance with applicable law, in amounts, forms and ways, directly specified in the license;
license agreement - a contract in which one party (the licensor) grants the other party (licensee) permission to use a computer program (license) under the conditions determined by mutual consent with the requirements of applicable law;
license (license to use intellectual property rights) - a written authorization to use a computer program in a certain limited sphere, given by a person who has the exclusive right of authorizing the use of a computer program. License to use a computer program may be exclusive, single, non-exclusive, and other species that are not contrary to law;
unlicensed computer software - a computer program used in any form and by any means without permission of the person who owns the intellectual property rights to this program;
copies of computer programs - a copy of the computer program that is executed in any material form;
1.2. A computer program is subject to copyright and is protected as literary work in accordance with the law. Since the creation of a computer program by its author are property and moral rights. Property rights in a computer program owned by its author, unless otherwise provided by contract or law.
Any person wishing to use the computer program must receive permission to use the program.
1.3. Administer the intellectual property rights can be made on the basis of one of the following documents: a license to use intellectual property rights, licensing agreement, the treaty establishing the demand for and use of intellectual property rights, contracts on the transfer of exclusive intellectual property rights; Administer the contract to other intellectual property rights.
1.4. Using the work without permission is a violation of copyright. Copyright infringement, including denial of rights or violation of it entails responsibility in accordance with the law. Failure to ensure compliance may be grounds for bringing the head entity taabo other responsible persons to justice.
1.5. Employees entity must comply with legislation on legal protection of computer programs and computer programs used in the volume, shape, manner specified in the license or license agreement, or other contract for disposal of intellectual property rights.
2. Responsible persons and their responsibilities
2.1. Responsible for compliance with the law while using the software entity is its leader.
The head entity may appoint a person authorized by them (people) responsible for the information and technical support entity.
Leader of the entity or person authorized by them ensure compliance with these rules when using computer software and computer equipment pre-installed computer programs.
In the cases provided for paragraph 2.3 of the Rules, the employees of the entity are personally responsible for copyright infringement of computer software.
2.2. Leader of the entity and / or its authorized person:
- Determines the need for purchasing new computers and software;
- Provides record-keeping computer equipment and software to be purchased and used;
- Organizes the work of creating archives copies of computer programs and maintaining supporting documentation to them, including a license or licensing agreement or other agreement for the disposal of proprietary intellectual property rights of these computer programs;
- Provides an inventory of computer programs used by the entity;
- Controls the installation of computer programs and their use by users of computers, check for licenses or license agreement or other agreement for the disposal of proprietary intellectual property rights of these computer programs;
- To prevent improper use of computer programs conducted by the legalization of software, that ensures harmonization of existing computer programs to the requirements of copyright law by replacing unlicensed copies of computer programs for licensing;
- Organizes scheduled and unscheduled inspections of legality of the use of computer programs;
- Organizes instruction, staff training policies of an entity with computers and computer programs and compliance with copyright in computer programs.
2.3. To ensure the personal responsibility of the entity for the lawful use of computer programs are the following measures:
- Making every employee desktop computer;
- Preventing employee against signature of personal responsibility for voluntarily install unlicensed software.
3. Acquisition of computer software and computer equipment pre-installed computer programs
3.1. When you purchase software or receive them free of charge entities are:
- Take only licensed copies of computer programs or copies of free software use, which should be provided with documentation that confirms the legality of their use under license or licensing agreement or other agreement for the disposal of property rights or intellectual property belonging to the computers' Computer programs free use;
- Receive from your documentary evidence of the legality of computer programs, including a license or license agreement or other agreement for the disposal of property rights or intellectual property belonging to the free use of computer programs. Copies of computer programs that are implemented on the discs for laser reading systems (CD-ROM) should be marked with checkmarks in accordance with the Law of Ukraine "On the distribution of copies of audiovisual works, phonograms, videograms, computer programs and databases;
3.2. If you purchase computers pre-installed on hard drives computer software entities must comply with the requirements for the lawful use of computer programs referred to in paragraph 3.1 of the Rules.
4. Accounting software
4.1. To monitor the availability, storage and circulation of software on each computer entity in a week's time after commissioning issued card account computers, indicating installed computer programs stored throughout the period operation of the computer.
The card account is in electronic and / or paper form and shall contain the following information:
- Information about the user (s) by which (s) provided for computer equipment;
- Technical parameters of computer equipment operated;
- Name, type, version of each installed program, the date of purchase and installation, the name of the manufacturer or distributor of copies of the software license information or license agreement or other agreement for the disposal of proprietary intellectual property rights.
4.2. Fixing computers for a user entity must be documented. If you change the user, which computer equipment assigned to the card account is made appropriate entries.
4.3. Installing software, reset or remove them is only in consultation with the head of the entity or person who is responsible for the information and technical support entity.
4.4. Accounting intangible assets, including computer programs, are companies and organizations of all forms of property in accordance with the provisions of (standard) accounting 8 "Intangible Assets", approved by order of the Ministry of Finance of Ukraine from 18.10.1999 № 242 and other regulatory regulations of the Ministry of Finance of Ukraine, which regulate admission to the accounting of intangible assets, including intellectual property rights. For budgetary institutions accounting in accordance with the Regulations to incorporate the fixed assets of budgetary institutions approved by the State Treasury of Ukraine from 17.07.2000 number 64.
5. Conduct an inventory of software
5.1. Business entities annually conduct routine inventory of computer programs that are used to determine the requirements of computer programs that are used to meet the needs of these entities and determine the required number of computer programs to meet such needs. This software, which are not subject to legalization through moral desuetude, non-compliance, etc., of decommissioning.
5.2. During the inventory are reviewed: the existing computer programs, documentation certifying the legality of computer programs and other matters that may be included in the program inventory.
5.3. The inventory drawn up acts inventory software entity and stored for 3 years.
6. Control over the use of computer programs
6.1. Leader of the entity and / or its authorized person organizes scheduled and unscheduled inspections of computer programs to detect non-compliance of the provisions of applicable law and these Rules and the detection of the use of unlicensed copies of computer programs.
If we find evidence of unlicensed copies of computer programs being determined causes and conditions that led to the establishment of these programs, and taking steps to curb the use of unlicensed software.
Recommendations can be used for development and approval of the head of the entity's internal documents, binding workers - Regulation of use of computer programs (hereinafter - the Rules).
1. Terms
1.1. In terms of these Guidelines shall have the following meanings:
agreement on the transfer of exclusive intellectual property rights in a computer program - a contract in which one party (the person who has an exclusive property right) passes the other side in part or in full, these rights according to law and to set contract terms;
agreement on the establishment of order and using a computer program - a contract in which one party (the programmer) will create a computer program according to the second party (customer) and in time;
computer software - a set of instructions in the form of words, numbers, codes, diagrams, symbols or in any other form, expressed in a form suitable for reading a computer, which lead him into action to achieve a specific goal or result (this notion covers both operating system and application, expressed in the source or object codes);
free use of a computer program - computer program that is distributed under a license that gives the user permission to: use the program for any purpose, access code, any study of mechanisms of the program, the use of mechanisms (the principles) operation of any arbitrary part of program for other programs and (or) adaptation to the needs of the user playback program and distribute copies in any way and in any form, change and free distribution as the original application and amended, on the same terms and conditions under which subject and the original program;
Control stamps - a special character that gives the right to distribute copies of computer programs and databases. Verification mark is a sign of self-adhesive single use, the outer side of which has a special holographic security.
licensed computer program - a computer program that is put into circulation, distributed and used in compliance with applicable law, in amounts, forms and ways, directly specified in the license;
license agreement - a contract in which one party (the licensor) grants the other party (licensee) permission to use a computer program (license) under the conditions determined by mutual consent with the requirements of applicable law;
license (license to use intellectual property rights) - a written authorization to use a computer program in a certain limited sphere, given by a person who has the exclusive right of authorizing the use of a computer program. License to use a computer program may be exclusive, single, non-exclusive, and other species that are not contrary to law;
unlicensed computer software - a computer program used in any form and by any means without permission of the person who owns the intellectual property rights to this program;
copies of computer programs - a copy of the computer program that is executed in any material form;
1.2. A computer program is subject to copyright and is protected as literary work in accordance with the law. Since the creation of a computer program by its author are property and moral rights. Property rights in a computer program owned by its author, unless otherwise provided by contract or law.
Any person wishing to use the computer program must receive permission to use the program.
1.3. Administer the intellectual property rights can be made on the basis of one of the following documents: a license to use intellectual property rights, licensing agreement, the treaty establishing the demand for and use of intellectual property rights, contracts on the transfer of exclusive intellectual property rights; Administer the contract to other intellectual property rights.
1.4. Using the work without permission is a violation of copyright. Copyright infringement, including denial of rights or violation of it entails responsibility in accordance with the law. Failure to ensure compliance may be grounds for bringing the head entity taabo other responsible persons to justice.
1.5. Employees entity must comply with legislation on legal protection of computer programs and computer programs used in the volume, shape, manner specified in the license or license agreement, or other contract for disposal of intellectual property rights.
2. Responsible persons and their responsibilities
2.1. Responsible for compliance with the law while using the software entity is its leader.
The head entity may appoint a person authorized by them (people) responsible for the information and technical support entity.
Leader of the entity or person authorized by them ensure compliance with these rules when using computer software and computer equipment pre-installed computer programs.
In the cases provided for paragraph 2.3 of the Rules, the employees of the entity are personally responsible for copyright infringement of computer software.
2.2. Leader of the entity and / or its authorized person:
- Determines the need for purchasing new computers and software;
- Provides record-keeping computer equipment and software to be purchased and used;
- Organizes the work of creating archives copies of computer programs and maintaining supporting documentation to them, including a license or licensing agreement or other agreement for the disposal of proprietary intellectual property rights of these computer programs;
- Provides an inventory of computer programs used by the entity;
- Controls the installation of computer programs and their use by users of computers, check for licenses or license agreement or other agreement for the disposal of proprietary intellectual property rights of these computer programs;
- To prevent improper use of computer programs conducted by the legalization of software, that ensures harmonization of existing computer programs to the requirements of copyright law by replacing unlicensed copies of computer programs for licensing;
- Organizes scheduled and unscheduled inspections of legality of the use of computer programs;
- Organizes instruction, staff training policies of an entity with computers and computer programs and compliance with copyright in computer programs.
2.3. To ensure the personal responsibility of the entity for the lawful use of computer programs are the following measures:
- Making every employee desktop computer;
- Preventing employee against signature of personal responsibility for voluntarily install unlicensed software.
3. Acquisition of computer software and computer equipment pre-installed computer programs
3.1. When you purchase software or receive them free of charge entities are:
- Take only licensed copies of computer programs or copies of free software use, which should be provided with documentation that confirms the legality of their use under license or licensing agreement or other agreement for the disposal of property rights or intellectual property belonging to the computers' Computer programs free use;
- Receive from your documentary evidence of the legality of computer programs, including a license or license agreement or other agreement for the disposal of property rights or intellectual property belonging to the free use of computer programs. Copies of computer programs that are implemented on the discs for laser reading systems (CD-ROM) should be marked with checkmarks in accordance with the Law of Ukraine "On the distribution of copies of audiovisual works, phonograms, videograms, computer programs and databases;
3.2. If you purchase computers pre-installed on hard drives computer software entities must comply with the requirements for the lawful use of computer programs referred to in paragraph 3.1 of the Rules.
4. Accounting software
4.1. To monitor the availability, storage and circulation of software on each computer entity in a week's time after commissioning issued card account computers, indicating installed computer programs stored throughout the period operation of the computer.
The card account is in electronic and / or paper form and shall contain the following information:
- Information about the user (s) by which (s) provided for computer equipment;
- Technical parameters of computer equipment operated;
- Name, type, version of each installed program, the date of purchase and installation, the name of the manufacturer or distributor of copies of the software license information or license agreement or other agreement for the disposal of proprietary intellectual property rights.
4.2. Fixing computers for a user entity must be documented. If you change the user, which computer equipment assigned to the card account is made appropriate entries.
4.3. Installing software, reset or remove them is only in consultation with the head of the entity or person who is responsible for the information and technical support entity.
4.4. Accounting intangible assets, including computer programs, are companies and organizations of all forms of property in accordance with the provisions of (standard) accounting 8 "Intangible Assets", approved by order of the Ministry of Finance of Ukraine from 18.10.1999 № 242 and other regulatory regulations of the Ministry of Finance of Ukraine, which regulate admission to the accounting of intangible assets, including intellectual property rights. For budgetary institutions accounting in accordance with the Regulations to incorporate the fixed assets of budgetary institutions approved by the State Treasury of Ukraine from 17.07.2000 number 64.
5. Conduct an inventory of software
5.1. Business entities annually conduct routine inventory of computer programs that are used to determine the requirements of computer programs that are used to meet the needs of these entities and determine the required number of computer programs to meet such needs. This software, which are not subject to legalization through moral desuetude, non-compliance, etc., of decommissioning.
5.2. During the inventory are reviewed: the existing computer programs, documentation certifying the legality of computer programs and other matters that may be included in the program inventory.
5.3. The inventory drawn up acts inventory software entity and stored for 3 years.
6. Control over the use of computer programs
6.1. Leader of the entity and / or its authorized person organizes scheduled and unscheduled inspections of computer programs to detect non-compliance of the provisions of applicable law and these Rules and the detection of the use of unlicensed copies of computer programs.
If we find evidence of unlicensed copies of computer programs being determined causes and conditions that led to the establishment of these programs, and taking steps to curb the use of unlicensed software.
