Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 47F

Reproducing computer programs for security testing

  (1)   Subject to this Division, the copyright in a literary work that is a computer program is not infringed by the making of a reproduction or adaptation of the work if:

  (a)   the reproduction or adaptation is made by, or on behalf of, the owner or licensee of the copy of the program (the original copy ) used for making the reproduction or adaptation; and

  (b)   the reproduction or adaptation is made for the purpose of:

  (i)   testing in good faith the security of the original copy, or of a computer system or network of which the original copy is a part; or

  (ii)   investigating, or correcting, in good faith a security flaw in, or the vulnerability to unauthorised access of, the original copy, or of a computer system or network of which the original copy is a part; and

  (c)   the reproduction or adaptation is made only to the extent reasonably necessary to achieve a purpose referred to in paragraph   (b); and

  (d)   the information resulting from the making of the reproduction or adaptation is not readily available to the owner or licensee from another source when the reproduction or adaptation is made.

  (2)   Subsection   (1) does not apply to the making of a reproduction or adaptation of a computer program from an infringing copy of the computer program.


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