3-2 Short Paper Ethical and Legal Implications
The amendment to the Copyright Act of 1990 makes it illegal to “lend, lease or lease” software for direct or indirect commercial gain without the express permission of the copyright owner. Non-profit educational institutions are exempt from the 1990 amendment so that institutional software can be borrowed. Another important provision of copyright law is that of fair use. Fair dealing is a copyright restriction that allows the use of protected works without prior permission in certain cases. For example, if a teacher wanted to discuss a current event in her classroom, she could distribute copies of a copyrighted report to her students without first obtaining permission. Fair dealing is also what allows a student to cite a small portion of a copyrighted work in a research paper. It`s really very simple. The Copyright Act recognizes that all intellectual works (programs, data, images, articles, books, etc.) are automatically protected by copyright, unless expressly stated otherwise. This means that the copyright owner has the exclusive right to reproduce and distribute his work. For software, this means that it is illegal to copy or distribute software or its documentation without the permission of the copyright owner. This Code, which consists of 24 imperatives formulated in the form of declarations of personal responsibility, identifies the elements of such an obligation.
It contains many, but not all, of the problems that professionals are likely to face. Section 1 describes the fundamental ethical considerations, while Section 2 deals with other more specific considerations of professional conduct. The statements in Section 3 refer in particular to individuals who have a leadership role, whether in the workplace or on a voluntary basis, such as organizations such as ACM. The principles of compliance with this Code are set out in section 4. The ethical and legal issues surrounding the conduct of clinical research with human participants have for many years raised the concerns of policymakers, lawyers, scientists and clinicians. The Declaration of Helsinki established ethical principles that will be applied to clinical research involving human participants. The goal of clinical research is to systematically collect and analyze data from which conclusions are drawn that can be generalized to improve clinical practice and help patients in the future. Therefore, it is important to know Good Clinical Practice (GCP), an international quality standard provided by the International Conference on the Harmonization of Technical Requirements for the Registration of Pharmaceuticals for Human Use (ICH) or the local version, the PCBs of the Central Medicines Control Organization  and local regulatory policy, ensure that research is conducted in both an ethical and legal manner.
In this article, we will briefly discuss the legal and ethical issues related to human recruitment, the basic principles of informed consent, and the precautions to be taken when publishing data and clinical research. GCP`s core research principles include defining the responsibilities of sponsors, researchers, monitoring and reviewing the consent process, and protecting human subjects.  Informed consent may be obtained from a legally authorized representative if a potential researcher is unable to give informed consent (children, intellectual disability). The participation of these population groups must fulfil the condition that they can benefit from the results of the research.  The “authorized representative” may be a spouse, close relative, parent, power of attorney or legally appointed guardian. The ranking of the representative may vary from one country and region to another within the same country; Therefore, local policies should be consulted. Another possible disadvantage of a code of ethics is that there is always the possibility of important issues arising that are not specifically addressed in the code. Technology is changing rapidly and a code of ethics may not be updated often enough to keep up with all the changes. However, a good code of ethics is so widely drafted that it can address the ethical issues of potential changes to technology while the organization behind the code makes revisions. As long as an organization uses its trademark and defends it against counterfeiting, the protection it offers does not expire. For this reason, many organizations defend their brand against other companies whose brand even slightly copies their brand.
For example, Chick-fil-A coined the phrase “Eat Mor Chikin” and vigorously defended it against a small business with the slogan “Eat More Kale.” Coca-Cola has filed the outline shape of its bottle and will take legal action against any company that uses a bottle design similar to theirs. Examples of trademarks that have been watered down and have now lost their protection in the U.S. include “Aspirin” (originally registered by Bayer), “Escalator” (originally protected by Otis), and “yo-yo” (originally registered trademark by Duncan). For example, the ability to anonymously make perfect copies of digital music has prompted many music fans to download copyrighted music for their own use without making any payment to the music owner. Many of those who would never have gone to a music store and stolen a CD end up with dozens of illegally downloaded albums. Each member (voting, associate and student members) of the Association for Computing Machinery (ACM) is expected to be committed to ethical professional behavior. One way to navigate new ethical waters is a code of ethics. A code of ethics is a document that describes a set of behaviours acceptable to a professional or social group. In general, this is accepted by all members of the group.
The document describes various measures that are deemed appropriate and inappropriate. Software can be expensive. You may be thinking that you can`t afford to buy some of the programs you need. Site-licensed and mass-purchased software are legal alternatives that make multiple copies of the software more affordable. Many educational institutions negotiate special prices for software used and purchased by faculty, staff, and students. Contact your campus IT office for more information. As with other software, software licensed from websites or purchased in bulk continues to be protected by copyright, although the price per copy may be significantly lower than the normal commercial price. A common condition for site licenses or bulk purchase is that copying and distributing the software is limited to a central location that must keep inventories of who received it.
If you leave the university community by graduation, retirement or resignation, you may no longer be covered by the institutional agreement and may be required to return or destroy your copies of the licensed software to the institution. By using a Creative Commons license, authors can control the use of their works while making them generally accessible. Attaching a Creative Commons license to your work creates a legally binding license. Examples of these licenses include: In the past, the Copyright Act has been amended to allow certain educational uses of copyrighted material without the usual copyright restrictions. However, the “fair use” of computer software remains a murky problem. The “fair use” amendments to the Copyright Act are intended to allow the use of legally protected products in the field of education, but are limited (for paper-based products) to small parts of complete works. For most software, it is clearly illegal to create and distribute unauthorized and fully functional copies to group members for their individual use. Making copies of a small piece of code from a program to illustrate a programming technique may not be a violation.
The best alternative is to clarify this use with the copyright owner or consult the competent authorities of your institution. Publication of a work that substantially overlaps with a previously published work, without reference to the previous publication.  Authors and researchers have an ethical obligation to ensure the accuracy, publication and dissemination of research results and to disclose relevant corrections, withdrawals and errata to publishers in order to protect the scientific integrity of published evidence. Any research study involving human subjects must be recorded in a publicly accessible database (e.g. ANZCTR [Australia and New Zealand], ClinicalTrials.gov [UNITED States and non-United States], CTRI [India]) and the results made available to the public.  Clinical trial sponsors must grant all researchers and manuscript authors access to the complete study dataset and the right to use all study data for publication.  The source documents (together with the study data) and the clinical trial report (study results and interpretation) are part of the essential documentation to be kept for a period required by the applicable local legislation.  The ICMJE currently proposes that authors share anonymized data from individual patients underlying the results in articles in member journals.  Selling software as SHAREWARE is a marketing decision, it does not change legal copyright requirements.