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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Copyright
Amendment (Computer Programs) Bill 1999
No.
,
1999
(Attorney-General)
A
Bill for an Act to amend the Copyright Act 1968, and for related
purposes
ISBN: 0642 393095
Contents
A Bill for an Act to amend the Copyright Act 1968,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Copyright Amendment (Computer Programs)
Act 1999.
(1) Subject to subsection (2), this Act commences on a day to be fixed by
Proclamation.
(2) If this Act does not commence under subsection (1) within the period
of 6 months beginning on the day on which this Act receives the Royal Assent, it
commences on the first day after the end of that period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Section 43A
Repeal the section.
2 After Division 4 of Part
III
Insert:
(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;
the prescribed provision does not apply, and is taken never to have
applied, to the making of the reproduction or adaptation.
(2) For the purposes of this section, sections 47B, 47C, 47D, 47E and 47F
are prescribed provisions.
An agreement, or a provision of an agreement, that excludes or limits, or
has the effect of excluding or limiting, the operation of subsection 47B(3), or
section 47C, 47D, 47E or 47F, has no effect.