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Citation, commencement
and extent
1.—(1) These Regulations may be cited as the Copyright
(Computer Programs) Regulations 1992 and shall come into force on 1st
January 1993.
(2) These Regulations extend to Northern Ireland.
2. The
Copyright, Designs and Patents Act 1988[3]
shall be amended as follows.
Amendments of Part I (copyright) of the Copyright, Designs and Patents
Act 1988
"Literary work"
extended to include preparatory design material for a computer program
3. In section 3(1) (meaning of literary, dramatic and
musical works) in the definition of "literary work", omit the "and"
immediately preceding paragraph (b) and at the end of that paragraph
insert
, and
"(c) preparatory design
material for a computer program" .
Restriction of
infringement by issue of copies of computer programs within the
Community
4.—(1) In section 18 (infringement by issue of copies to the
public), in subsection (2)—
(a) after the words "work
are" insert "except where the work is a computer program"; and
(b) for the words ",
films and computer programs" substitute the words "and films".
(2) After subsection (2) of that section insert—
" (3) References in this
Part to the issue to the public of copies of a work where the work is a
computer program are to the act of putting into circulation copies of
that program not previously put into circulation in the United Kingdom
or any other member State, by or with the consent of the copyright
owner, and not to—
(a) any subsequent
distribution, sale, hiring or loan of those copies, or
(b) any subsequent
importation of those copies into the United Kingdom,
except that the restricted
act of issuing copies to the public includes any rental of copies to the
public." .
Meaning of
"adaptation" in relation to a computer program
5.—(1) In section 21 (infringement by making adaptation), in
subsection (3) (meaning of "adaptation") in paragraph (a) after
"literary" insert "work, other than a computer program,".
(2) After that paragraph of that subsection insert—
(ab) "in relation to a
computer program, means an arrangement or altered version of the program
or a translation of it;" .
(3) In subsection (4) of that section (meaning of "translation" in
relation to computer programs), omit the words ", otherwise than
incidentally in the course of running the program".
Meaning of "infringing
copy"
6. In section 27 (meaning of "infringing copy"), in
subsection (3) (imported articles) at the beginning insert "Subject to
subsection (3A)" and after that subsection insert—
" (3A) A copy of a
computer program which has previously been sold in any other member
State, by or with the consent of the copyright owner, is not an
infringing copy for the purposes of subsection (3)." .
Exclusion of
decompilation of computer programs from fair dealing
7. In section 29 (research and private study), after
subsection (3) insert—
" (4) It is not fair
dealing—
(a) to convert a computer
program expressed in a low level language into a version expressed in a
higher level language, or
(b) incidentally in the
course of so converting the program, to copy it,
(these acts being
permitted if done in accordance with section 50B (decompilation))." .
New permitted acts in
relation to computer programs
8. After section 50 insert—
Computer programs: lawful users
"Back up copies.
50A.—(1) It is not an infringement of copyright for a lawful
user of a copy of a computer program to make any back up copy of it
which it is necessary for him to have for the purposes of his lawful
use.
(2) For the purposes of this section and sections 50B and 50C a
person is a lawful user of a computer program if (whether under a
licence to do any acts restricted by the copyright in the program or
otherwise), he has a right to use the program.
(3) Where an act is permitted under this section, it is irrelevant
whether or not there exists any term or condition in an agreement which
purports to prohibit or restrict the act (such terms being, by virtue of
section 296A, void).
Decompilation.
50B.—(1) It is not an infringement of copyright for a lawful
user of a copy of a computer program expressed in a low level language—
(a) to convert it into a
version expressed in a higher level language, or
(b) incidentally in the
course of so converting the program, to copy it,
(that is, to "decompile"
it), provided that the conditions in subsection (2) are met.
(2) The conditions are that—
(a) it is necessary to
decompile the program to obtain the information necessary to create an
independent program which can be operated with the program decompiled or
with another program ("the permitted objective"); and
(b) the information so
obtained is not used for any purpose other than the permitted objective.
(3) In particular, the conditions in subsection (2) are not met if
the lawful user—
(a) has readily available
to him the information necessary to achieve the permitted objective;
(b) does not confine the
decompiling to such acts as are necessary to achieve the permitted
objective;
(c) supplies the
information obtained by the decompiling to any person to whom it is not
necessary to supply it in order to achieve the permitted objective; or
(d) uses the information
to create a program which is substantially similar in its expression to
the program decompiled or to do any act restricted by copyright.
(4) Where an act is permitted under this section, it is irrelevant
whether or not there exists any term or condition in an agreement which
purports to prohibit or restrict the act (such terms being, by virtue of
section 296A, void).
Other acts permitted to lawful users.
50C.—(1) It is not an infringement of copyright for a lawful
user of a copy of a computer program to copy or adapt it, provided that
the copying or adapting—
(a) is necessary for his
lawful use; and
(b) is not prohibited
under any term or condition of an agreement regulating the circumstances
in which his use is lawful.
(2) It may, in particular, be necessary for the lawful use of a
computer program to copy it or adapt it for the purpose of correcting
errors in it.
(3) This section does not apply to any copying or adapting
permitted under section 50A or 50B.
9. In
section 179 (index of defined expressions) in the appropriate place in
the alphabetical order insert—
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lawful user (in sections
50A to 50C) |
section 50A(2) |
Amendments
of Part VII (miscellaneous and general) of the Copyright, Designs and
Patents Act 1988
Devices designed to
circumvent copy-protection applied to computer programs
10. In section 296 (devices designed to circumvent
copy-protection), after subsection (2) insert—
" (2A) Where the copies
being issued to the public as mentioned in subsection (1) are copies of
a computer program, subsection (2) applies as if for the words "or
advertises for sale or hire" there were substituted "advertises for sale
or hire or possesses in the course of a business"." .
Avoidance of certain
terms relating to computer programs
11. After
section 296 insert—
Computer
programs
"Avoidance of certain terms.
296A.—(1) Where a person has the use of a computer program
under an agreement, any term or condition in the agreement shall be void
in so far as it purports to prohibit or restrict—
(a) the making of any back
up copy of the program which it is necessary for him to have for the
purposes of the agreed use;
(b) where the conditions
in section 50B(2) are met, the decompiling of the program; or
(c) the use of any device
or means to observe, study or test the functioning of the program in
order to understand the ideas and principles which underlie any element
of the program.
(2) In this section, decompile, in relation to a computer program,
has the same meaning as in section 50B
Transitional provisions and savings
Computer programs
created before 1st January 1993
12.—(1) Subject to paragraph (2), the amendments of the
Copyright, Designs and Patents Act 1988 made by these Regulations apply
in relation to computer programs created before 1st January 1993 as they
apply to computer programs created on or after that date.
(2) Nothing in these Regulations affects any agreement or any term
or condition of an agreement where the agreement, term or condition is
entered into before 1st January 1993.
E. Leigh
Parliamentary Under Secretary of State, Department of Trade and Industry
16th December 1992
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations
implement the provisions of Council Directive No. 91/250/EEC (O.J. No.
L122, 17.5.91, page 42) ("the Directive") on the legal protection of
computer programs.
The Copyright, Designs and
Patents Act 1988 ("the Act") currently makes provision for the
protection of copyright in computer programs. The Directive harmonises
the laws of the member States relating to the protection of computer
programs and includes matters for which the Act makes no specific
provision or makes different provision. These Regulations amend and
modify the Act in order to properly align its provisions with those of
the Directive. In particular the Regulations—
(a) introduce
modifications of the definition of literary work by including
preparatory design material (regulation 3) and modify the meaning of
adaptation and translation in relation to computer programs (regulation
5);
(b) modify the meaning of
"issues to the public of copies" and "infringing copy" so as to
strengthen the distribution rights of copyright owners in the United
Kingdom subject to exhaustion of rights inside the European Economic
Community (regulations 4 and 6);
(c) remove certain acts
relating to computer programs from the general application of the fair
dealing provision in section 29 (regulation 7);
(d) introduce new sections
50A, 50B and 50C (regulation 8) containing specific exceptions to the
exclusive rights of the copyright owner in favour of a lawful user—
(i) permitting the making
of a back up copy (new section 50A(1));
(ii) defining a lawful
user (new section 50A(2));
(iii) permitting limited
decompilation of a computer program (new section 50B(1)) subject to
compliance with certain conditions (new section 50B(2) and (3));
(iv) permitting restricted
amounts of copying and adapting for lawful use, including for error
correction (except where otherwise provided for) (new section 50C);
(e) introduce an amendment
to section 296 extending the category of persons against whom remedies
may be sought under that section in respect of dealing in devices
designed to circumvent copy-protection for the purpose of making
infringing copies (regulation 10); and
(f) introduce a new
section 296A which renders void any term in an agreement which seeks to
prohibit or restrict the doing of any of the acts permitted under
sections 50A and 50B or the use of any device or means to observe the
functioning of a computer program (regulation 11).
These Regulations come
into force on 1st January 1993. The provisions extending or diminishing
the restricted or permitted acts (as the case may be) relating to
copyright in computer programs apply to all computer programs created
prior to or on or after that date. However, they are to be without
prejudice to any acts concluded or rights acquired before 1st January
1993 (regulation 12).
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