Copyright Amendment (Computer Programs) Act 1999
No. 105, 1999
An Act to amend the Copyright Act 1968, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendment of the Copyright Act 1968
Copyright Amendment (Computer Programs) Act 1999
No. 105, 1999
An Act to amend the Copyright Act 1968, and for related purposes
[Assented to 24 August 1999]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Copyright Amendment (Computer Programs) Act 1999.
2 Commencement
(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.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Copyright Act 1968
1 Section 43A
Repeal the section.
2 After Division 4 of Part III
Insert:
Division 4A—Acts not constituting infringements of copyright in computer programs
47B Reproduction for normal use or study of computer programs
(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.
47C Back‑up copy of computer programs
(1) Subject to subsection (4), the copyright in a literary work that…
Overview
The Copyright Amendment (Computer Programs) Act 1999 was enacted by the Parliament of Australia to address the growing need to balance the protection of computer programs under copyright law with the practical requirements of their use and maintenance. This Act amends the Copyright Act 1968 to introduce specific exceptions to the infringement of copyright in computer programs, aiming to accommodate legitimate activities such as creating backup copies, making modifications to correct errors, and ensuring interoperability of software with other systems. The amendments reflect a policy objective to foster innovation and efficiency in the technology sector while protecting the rights of copyright holders.
The Act came into effect on a date specified by proclamation, or six months after receiving Royal Assent if no proclamation was made within that period. Its provisions clarify situations where the use of computer programs does not constitute an infringement of copyright, provided certain conditions are met, such as the reproduction being for the owner's normal use or study, or for creating interoperable products. This legislative effort was aimed at modernising copyright law to better suit the needs of the digital age, ensuring that software users could perform essential maintenance and improvements without unnecessary legal hindrances.
Scope and Application
The Copyright Amendment (Computer Programs) Act 1999 amends the Copyright Act 1968 to address specific instances of computer program use that do not constitute an infringement of copyright. This Act applies to computer programs that are literary works, thereby excluding other forms of computer software and programs that do not fit the definition of a literary work. It applies to persons and entities who own or are licensed to use the computer programs, specifically focusing on the lawful activities of the copyright holders or their licensees. The Act has a national jurisdictional reach as it pertains to Commonwealth law. However, the Act does not apply if the reproduction or adaptation of the computer program is made from an infringing copy, if the program is designed in a way that prevents copying without modification, if a licence has expired or been terminated, or if an agreement excludes or limits the application of certain provisions. The Act may be further extended or restricted through subordinate instruments, although the primary text does not specify these details.
Key Provisions
- The Copyright Amendment (Computer Programs) Act 1999 primarily modifies the Copyright Act 1968 to better accommodate the use of computer programs. Key sections introduced include 47B (Reproduction for normal use or study of computer programs), 47C (Back-up copy of computer programs), 47D (Reproducing computer programs to make interoperable products), 47E (Reproducing computer programs to correct errors), 47F (Reproducing computer programs for security testing), and 47H (Agreements excluding operation of certain provisions). Section 47B allows for reproduction of computer programs for normal use or study, provided it is done by the owner or licensee and not from an infringing copy. Section 47C permits the creation of backup copies by the owner or licensee for purposes such as replacing a lost or damaged original. Section 47D allows reproduction or adaptation of computer programs to make interoperable products, with specific conditions such as necessity and non-availability of information from other sources. Section 47E permits reproduction or adaptation to correct errors in the program, under conditions similar to those in section 47D. Section 47F allows for the reproduction or adaptation of computer programs for security testing purposes, also subject to similar conditions. Section 47H ensures that any agreements that attempt to limit the operation of the aforementioned provisions are ineffective.
- Entities and individuals governed by the Act must adhere to the conditions and restrictions outlined in the new provisions. For example, the owner or licensee must make the reproductions for specified purposes, and the reproductions must not be made from an infringing copy. Additionally, any agreements that seek to limit these provisions are null and void. The Act imposes a clear framework to balance the interests of copyright holders with the practical needs of computer program users.
- Breaches of the Act can lead to significant legal consequences. Specifically, if a reproduction or adaptation of a computer program is made under one of the specified provisions but is then used, sold, or supplied for an unauthorised purpose, the provision does not apply, and it is considered that it never applied. This means that any unauthorised use, sale, or supply of the reproduction or adaptation could lead to the provision being rendered ineffective, potentially exposing the individual or entity to liability for copyright infringement. The Act does not specify maximum penalties for these breaches, but violations could lead to civil or criminal penalties under the broader Copyright Act 1968, which include fines and imprisonment for serious infringements.
- Area of Law
- Intellectual Property Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Prohibited Conduct