Exceptions to the Exclusive Right to Make Copies

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There are two important exceptions under the law to the rule that the copyright owner has an exclusive right to make (or not make) copies of that work. These exceptions apply only to computer software and it reflects the unique nature of that technology.

First, everyone understands that software can be used on a computer only if it is copied onto a computer disk or into memory. Therefore, the authorized owner of a copy of software is given the right to make a copy of that software "as an essential step to the utilization" of the software "in conjunction with a machine." (17 U.S.C. § 117.) Without this exception, anyone purchasing a software program at a computer store would require an additional license to copy it to a hard disk and to the computer's memory, clearly a wasteful burden for someone who merely wants to run a program he or she bought .

Second, software is effective only if there is a way to back it up for archival purposes. Therefore, the authorized owner of computer software is given the right to make archival copies, with the added requirement that those archival copies must be destroyed in the event that continued possession of the computer software "should cease to be rightful." (17 U.S.C. §117.)

These limited exceptions are not intended as wedges into which to drive a high-speed copy machine. These exceptions only apply to an authorized owner of a copy, someone who has a license from the copyright owner. These exceptions in the law to the exclusive rights of a copyright owner to make copies do not excuse the making of other copies not intended for these limited purposes.

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Open Source Licensing. Software Freedom and Intellectual Property Law
Open Source Licensing: Software Freedom and Intellectual Property Law
ISBN: 0131487876
EAN: 2147483647
Year: 2004
Pages: 166

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