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Monday, October 06, 2008

Limitations on exclusive rights: Computer programs

Limitations on exclusive rights: Computer programs is codified in US copyright law in section 117 of the US Copyright Act. This exclusion to copyright allows the owner of a paticular copy of a copyrighted computer program to make copies or adaptions of the program for;

1. Utilization of the program. This includes installing the software and running the software in memory. A liberal interpatation of 117(a)(1) would also allow creating adaptations of the software between platforms, however there is no case law backing this interpatation.

2. Allows the user to make backup and archival copies.

3. Allows users to make copies of software in order to repair or maintenance machines , provided that the copies used in repairing the machine is destroyed after the repair or maintenance is complete.

Any copies that are created for the above purposes may be transfered when the software is sold and only along with the copy made to prepare them. Adaptions made can not be transfered without permission.

External Links

Text of section 117



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