Copyright Act 1994

Acts permitted in relation to copyright works - Computer programs, sound recordings, and films

80A: Decompilation of computer program

You could also call this:

"When you can copy a computer program to make it work with another one"

Illustration for Copyright Act 1994

You can use a computer program without breaking copyright rules if you follow certain conditions. You are allowed to decompile a program if it is necessary to create a new program that can work with the original program. You must only use the information from decompiling for this purpose. You are not allowed to decompile a program if you can easily get the information you need without doing so. You must only decompile the program to the extent necessary to create a new program. You cannot share the information you get from decompiling with others unless it is necessary to create a new program. Decompiling a program means converting it from a low level language to a higher level language, or copying it as part of this process. You cannot use the information from decompiling to create a program that is very similar to the original, or to do anything that is restricted by copyright. The Copyright (New Technologies) Amendment Act 2008 is relevant to this rule. You need to be careful when decompiling a program to make sure you are following the rules. This will help you avoid breaking copyright laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1704652.

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80: Back-up copy of computer program, or

"Making a back-up copy of a computer program you own"


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80B: Copying or adapting computer program if necessary for lawful use, or

"Copying a computer program is okay if you need to fix it to use it properly"

Part 3Acts permitted in relation to copyright works
Computer programs, sound recordings, and films

80ADecompilation of computer program

  1. The lawful user of a copy of a computer program expressed in a low level language does not infringe copyright in the program by decompiling it, if the conditions in subsection (2) are met.

  2. The conditions referred to in subsection (1) are that—

  3. decompilation is necessary to obtain information necessary for the objective of creating an independent program that can be operated with the program decompiled or with another program; and
    1. the information obtained from the decompilation is not used for any purpose other than the objective referred to in paragraph (a).
      1. In particular, the conditions in subsection (2) are not met if—

      2. the information necessary to create the independent program is readily available to the lawful user without decompiling the computer program; or
        1. the lawful user does not confine decompilation of the computer program strictly to the steps that are necessary to create an independent program; or
          1. the lawful user gives the information obtained from decompiling the computer program to any person when it is not necessary for creating an independent program to do so; or
            1. the lawful user uses the information obtained from decompiling the computer program to create a program that is substantially similar in its expression to the program that has been decompiled; or
              1. the lawful user uses the information obtained from decompiling the computer program to do any act that is restricted by copyright.
                1. In this section, decompile means—

                2. to convert a computer program expressed in a low level language into a version expressed in a higher level language; or
                  1. to copy the program as a necessary incident of converting it into that version.
                    Notes
                    • Section 80A: inserted, on , by section 43 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).