Commonwealth Numbered Acts

COPYRIGHT AMENDMENT (COMPUTER PROGRAMS) ACT 1999 NO. 105, 1999 - SCHEDULE 1

1 Section 43A

2 After Division 4 of Part III

Division 4A—Acts not constituting infringements of copyright in computer programs 47B Reproduction for normal use or study of computer programs

(1)

Subject to subsection (2), the copyright in a literary work that is a computer program is not infringed by the making of a reproduction of the work if:

(a)

the reproduction is made in the course of running a copy of the program for the purposes for which the program was designed; and

(b)

the running of the copy is done by, or on behalf of, the owner or licensee of the copy.

(2)

Subsection (1) does not apply to the making of a reproduction of a computer program:

(a)

from an infringing copy of the computer program; or

(b)

contrary to an express direction or licence given by, or on behalf of, the owner of the copyright in the computer program to the owner of the copy from which the reproduction is made when the owner of that copy acquired it.

(3)

Subject to subsection (4), the copyright in a literary work that is a computer program is not infringed by the making of a reproduction of the work if:

(a)

the reproduction is made in the course of running a copy of the program for the purpose of studying the ideas behind the program and the way in which it functions; and

(b)

the running of the copy is done by, or on behalf of, the owner or licensee of the copy.

(4)

Subsection (3) does not apply to the making of a reproduction of a computer program from an infringing copy of the computer program.

(1)

Subject to subsection (4), the copyright in a literary work that is a computer program is not infringed by the making of a reproduction of the work if:

(a)

the reproduction is made by, or on behalf of, the owner or licensee of the copy (the original copy ) from which the reproduction is made; and

(b)

the reproduction is made for use only by, or on behalf of, the owner or licensee of the original copy; and

(c)

the reproduction is made for any of the following purposes:

(i)

to enable the owner or licensee of the original copy to use the reproduction in lieu of the original copy and to store the original copy;

(ii)

to enable the owner or licensee of the original copy to store the reproduction for use in lieu of the original copy if the original copy is lost, destroyed or rendered unusable;

(iii)

to enable the owner or licensee of the original copy to use the reproduction in lieu of the original copy, or of another reproduction made under this subsection, if the original copy, or the other reproduction, is lost, destroyed or rendered unusable.

(2)

Subject to subsection (4), the copyright in a literary work that is a computer program is not infringed by the making of a reproduction of the work if:

(a)

the reproduction is made by, or on behalf of, the owner or licensee of the copy (the original copy ) from which the reproduction is made; and

(b)

the making of the reproduction is part of the normal back-up copying of data for security purposes.

(3)

Subsection (1) applies in relation to a reproduction of a work made for a purpose referred to in subparagraph (1)(c)(iii) whether or not other reproductions of the work have previously been made for the same purpose from the same copy.

(4)

Subsections (1) and (2) do not apply to the making of a reproduction of a computer program:

(a)

from an infringing copy of the computer program; or

(b)

if the owner of the copyright in the computer program has so designed the program that copies of it cannot be made without modifying the program; or

(c)

if a licence to use the original copy, given by, or on behalf of, the owner of the copyright in the computer program to the owner of the original copy when the owner of that copy acquired it, has expired or been terminated.

(5)

For the purposes of this section, a reference to a copy of a computer program is a reference to any article in which the computer program is reproduced in a material form.

(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 program ) used for making the reproduction or adaptation; and

(b)

the reproduction or adaptation is made for the purpose of obtaining information necessary to enable the owner or licensee to make independently another program (the new program ), or an article, to connect to and be used together with, or otherwise to interoperate with, the original program or any other program; and

(c)

the reproduction or adaptation is made only to the extent reasonably necessary to obtain the information referred to in paragraph (b); and

(d)

to the extent that the new program reproduces or adapts the original program, it does so only to the extent necessary to enable the new program to connect to and be used together with, or otherwise to interoperate with, the original program or the other program; and

(e)

the information referred to in paragraph (b) 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.

(1)

Subject to this Division, the copyright in a literary work that is a computer program is not infringed by the making, on or after 23 February 1999, 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 correcting an error in the original copy that prevents it from operating (including in conjunction with other programs or with hardware):

(i)

as intended by its author; or

(ii)

in accordance with any specifications or other documentation supplied with the original copy; and

(c)

the reproduction or adaptation is made only to the extent reasonably necessary to correct the error referred to in paragraph (b); and

(d)

when the reproduction or adaptation is made, another copy of the program that does operate as mentioned in paragraph (b) is not available to the owner or licensee within a reasonable time at an ordinary commercial price.

(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.

(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.

(1)

If:

(a)

a reproduction or adaptation of a literary work that is a computer program is made under a prescribed provision; and

(b)

the reproduction or adaptation, or any information derived from it, is, without the consent of the owner of the copyright in the computer program, used, or sold or otherwise supplied to a person, for a purpose other than a purpose specified in the prescribed provision;