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Copyright Act 1994

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

80: Back-up copy of computer program

You could also call this:

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

Illustration for Copyright Act 1994

You can make a copy of a computer program without infringing copyright if you are the lawful user of the program. You must make the copy from the original copy and only for the purpose of preserving the original copy. This means you can make a copy if the original is lost, destroyed, or unusable. You can use the copied program instead of the original if it is lost or damaged. If the original copy is gone, the copied program becomes the new original copy. You cannot make a copy of a computer program if the original copy is an infringing copy. You also cannot make a copy if the copyright owner has given you express directions not to do so. When we talk about a computer program, we also mean any adaptations of that program. A copy of a computer program can be on any object that has the program in a material form. An express direction from the copyright owner can be written on the copy or its packaging.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346223.

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Topics:
Intellectual property > Copyright
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"Schools and libraries can rent out things like films and programs without breaking copyright rules."

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80A: Decompilation of computer program, or

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

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

80Back-up copy of computer program

  1. Subject to subsection (3), copyright in a computer program is not infringed by the making of a copy of the computer program if—

  2. the copy is made by or on behalf of the lawful user of the copy of the program (in this section referred to as the original copy) from which the first-mentioned copy is made; and
    1. the copy is made solely for the purpose of being used by or on behalf of the lawful user of the original copy—
      1. instead of the original copy in order to preserve the original copy for use if the copy is lost, destroyed, or rendered unusable; or
        1. if the original copy is lost, destroyed, or rendered unusable.

        2. If the original copy is lost, destroyed, or rendered unusable, the copy made pursuant to subsection (1) shall be deemed for the purposes of this section to be the original copy.

        3. Subsection (1) does not apply to the making of a copy of a computer program—

        4. from an infringing copy of the computer program; or
          1. contrary to an express direction by or on behalf of the owner of the copyright in the computer program given to the lawful user of the original copy not later than the time when the lawful user of the original copy acquired that original copy.

            1. For the purposes of this section,—

            2. a reference to a computer program includes a reference to an adaptation of that program; and
              1. a reference to a copy of a computer program is a reference to any object in which the program is reproduced in a material form; and
                1. a reference to an express direction, in relation to a copy of a computer program, includes a reference to a clearly legible direction printed on the copy or on a package in which the copy is supplied.