Limitations on exclusive rights: Computer programs
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In United States copyright law
, Limitations on exclusive rights: Computer programs, section 117 of the US Copyright Act, in its current form was created as a direct result of CONTU
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CONTU (National Commission on New Technological Uses of Copyrighted Works; established by US Congress, operated 1975 - 1978) recommended that the wording of section 117 be repealed and replaced because of changes in technology from when the US Copyright Act was drafted and advances in computer technology. Because the placement of a work into a computer is the preparation of a copy, the law should provide that persons in rightful possession of copies of programs be able to use them freely without fear of exposure to copyright liability. Obviously, creators, lessors, licensors, and vendors of copies of programs intend that they be used by their customers, so that rightful users would but rarely need a legal shield against potential copyright problems. It is easy to imagine, however, a situation in which the copyright owner might desire, for good reason or none at all, to force a lawful owner or possessor of a copy to stop using a particular program. One who rightfully possesses a copy of a program, therefore, should be provided with a legal right to copy it to that extent which will permit its use by that possessor. This would include the right to load it into a computer and to prepare archival copies of it to guard against destruction or damage by mechanical or electrical failure. But this permission would not extend to other copies of the program. Thus, one could not, for example, make archival copies of a program and later sell some while retaining some for use. The sale of a copy of a program by a rightful possessor to another must be of all rights in the program, thus creating a new rightful possessor and destroying that status as regards the seller.
The changes recommended by CONTU were approved with one important change. Instead of possessor of computer program congress decided to use the word "owner" of computer program. This one change by congress has resulted in the odd situation where software makers claim that purchasers do not own the software but rather only license it. The courts have split on whether or not the claim in the software agreement that a purchaser does not own the software is enforceable and thus require an additional license to use the software.
Section 117 is a limitation on the rights granted to holders of copyright on computer program
s. The limitation allows the owner of a particular copy of a copyrighted computer program to make copies or adaptations of the program for any of a number of reasons:
The law allows any copies that are created for the above purposes to be transferred when the software is sold, only along with the copy made to prepare them. Adaptations made can not be transferred without permission from the copyright holder.
software for compatibility purposes.
United States copyright law
The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
, Limitations on exclusive rights: Computer programs, section 117 of the US Copyright Act, in its current form was created as a direct result of CONTU
CONTU
CONTU, or the Commission on New Technological Uses of Copyrighted Works, was established in 1974 by United States Congress to study issues associated with copyrighted works in computers and computer-related works. It has been argued that the Commission erred in recommending the extension of...
.
CONTU (National Commission on New Technological Uses of Copyrighted Works; established by US Congress, operated 1975 - 1978) recommended that the wording of section 117 be repealed and replaced because of changes in technology from when the US Copyright Act was drafted and advances in computer technology. Because the placement of a work into a computer is the preparation of a copy, the law should provide that persons in rightful possession of copies of programs be able to use them freely without fear of exposure to copyright liability. Obviously, creators, lessors, licensors, and vendors of copies of programs intend that they be used by their customers, so that rightful users would but rarely need a legal shield against potential copyright problems. It is easy to imagine, however, a situation in which the copyright owner might desire, for good reason or none at all, to force a lawful owner or possessor of a copy to stop using a particular program. One who rightfully possesses a copy of a program, therefore, should be provided with a legal right to copy it to that extent which will permit its use by that possessor. This would include the right to load it into a computer and to prepare archival copies of it to guard against destruction or damage by mechanical or electrical failure. But this permission would not extend to other copies of the program. Thus, one could not, for example, make archival copies of a program and later sell some while retaining some for use. The sale of a copy of a program by a rightful possessor to another must be of all rights in the program, thus creating a new rightful possessor and destroying that status as regards the seller.
The changes recommended by CONTU were approved with one important change. Instead of possessor of computer program congress decided to use the word "owner" of computer program. This one change by congress has resulted in the odd situation where software makers claim that purchasers do not own the software but rather only license it. The courts have split on whether or not the claim in the software agreement that a purchaser does not own the software is enforceable and thus require an additional license to use the software.
Section 117 is a limitation on the rights granted to holders of copyright on computer program
Computer program
A computer program is a sequence of instructions written to perform a specified task with a computer. A computer requires programs to function, typically executing the program's instructions in a central processor. The program has an executable form that the computer can use directly to execute...
s. The limitation allows the owner of a particular copy of a copyrighted computer program to make copies or adaptations of the program for any of a number of reasons:
- Utilization of the program. The user is allowed to install the software to his hard diskHard diskA hard disk drive is a non-volatile, random access digital magnetic data storage device. It features rotating rigid platters on a motor-driven spindle within a protective enclosure. Data is magnetically read from and written to the platter by read/write heads that float on a film of air above the...
and run the software in memory. - Making backupBackupIn information technology, a backup or the process of backing up is making copies of data which may be used to restore the original after a data loss event. The verb form is back up in two words, whereas the noun is backup....
and archivalArchiveAn archive is a collection of historical records, or the physical place they are located. Archives contain primary source documents that have accumulated over the course of an individual or organization's lifetime, and are kept to show the function of an organization...
copies. The user is allowed to make copies of the software to protect himself from loss in the event of the original distribution media being damaged. - Making copies of software in order to repair or maintain machines, provided that the copies used in repairing the machine is destroyed after the repair or maintenance is complete.
The law allows any copies that are created for the above purposes to be transferred when the software is sold, only along with the copy made to prepare them. Adaptations made can not be transferred without permission from the copyright holder.
Reverse engineering
While it's not part of this section, it is also lawful to reverse engineerReverse engineering
Reverse engineering is the process of discovering the technological principles of a device, object, or system through analysis of its structure, function, and operation...
software for compatibility purposes.