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17 U.S.C. § 117Limitations on exclusive rights: Computer programs

submitted 50 years ago by Pub. L. 94-553 to r/title-17-COPYRIGHTS · 406 words · no verdicts yet

in plain englishAI-generated · not legal advice

The owner of a software copy may legally make a backup or an adaptation needed to run it. A machine's owner may copy software briefly just to fix or maintain the machine. Extra copies may only be sold along with all the original program's rights.

(a) Making of Additional Copy or Adaptation by Owner of Copy — Despite the exclusive rights in section 106, it's not infringement for the owner of a copy of a computer program to make, or authorize making, another copy or adaptation, if: (1) the new copy or adaptation is an essential step in using the program with a machine, and it's used for nothing else; or (2) it's made only for backup ("archival") purposes, and every backup copy is destroyed if the person no longer rightfully possesses the program. (b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation — Any exact copies made under this section can be leased, sold, or transferred, but only together with the original copy and only as part of transferring all rights in the program. An adapted copy can only be transferred if the copyright owner authorizes it. (c) Machine Maintenance or Repair — Despite section 106, it's not infringement for a machine's owner or lessee to make, or authorize making, a copy of a computer program if the copy happens only because turning on the machine activates a lawfully-owned copy of the program, and it's done only for maintenance or repair, as long as: (1) the new copy is used for nothing else and is destroyed right after the repair or maintenance is done; and (2) any part of the program not needed to activate the machine isn't accessed or used, except as needed to make that copy by turning the machine on. (d) Definitions — For this section: (1) "maintenance" of a machine means servicing it so it works to its original specs, plus any authorized changes to those specs; and (2) "repair" of a machine means restoring it to work at its original specs, plus any authorized changes to those specs.
the actual law source: uscode.house.gov ↗public domain
(a)Making of Additional Copy or Adaptation by Owner of Copy.—

Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

(1)

that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or

(2)

that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.

(b)Lease, Sale, or Other Transfer of Additional Copy or Adaptation.—

Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner.

(c)Machine Maintenance or Repair.—

Notwithstanding the provisions of section 106, it is not an infringement for the owner or lessee of a machine to make or authorize the making of a copy of a computer program if such copy is made solely by virtue of the activation of a machine that lawfully contains an authorized copy of the computer program, for purposes only of maintenance or repair of that machine, if—

(1)

such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed; and

(2)

with respect to any computer program or part thereof that is not necessary for that machine to be activated, such program or part thereof is not accessed or used other than to make such new copy by virtue of the activation of the machine.

(d)Definitions.—

For purposes of this section—

(1)

the “maintenance” of a machine is the servicing of the machine in order to make it work in accordance with its original specifications and any changes to those specifications authorized for that machine; and

(2)

the “repair” of a machine is the restoring of the machine to the state of working in accordance with its original specifications and any changes to those specifications authorized for that machine.

Source credit: (Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2565; Pub. L. 96–517, § 10(b), Dec. 12, 1980, 94 Stat. 3028; Pub. L. 105–304, title III, § 302, Oct. 28, 1998, 112 Stat. 2887.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-553 · 90 Stat. 2565
  • 1980Amended · Pub. L. 96-517 · 94 Stat. 3028
  • 1998Amended · Pub. L. 105-304 · 112 Stat. 2887

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-553 on 1976-10-19.

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