How does copyright apply to computer programs and software?

In Plain English

Copyright law in Australia protects computer programs, treating them much like literary works. This means the owner of the copyright has the exclusive right to copy, adapt, and distribute the program. However, there are exceptions:

  • Backups: You can make backup copies of a program you legally own to protect against data loss, as long as the program isn't designed to prevent copying or the license doesn't prohibit it.
  • Interoperability: You can reproduce or adapt a program to figure out how to make another program that works with it, provided you only copy what's necessary and the information isn't readily available elsewhere.
  • Normal Use: Copies made automatically as part of running a program for its intended purpose don't infringe copyright, as long as you're a legitimate owner or licensee.
  • Study: You can reproduce a program to study the ideas behind it and how it works.

These exceptions don't apply if you're using an illegal copy of the program.

Detailed Explanation

The Copyright Act 1968 provides specific provisions regarding computer programs, treating them as literary works. This protection extends to any literary work incorporated in, or associated with, a computer program and essential to its effective operation, as per section 47AB.

Here's a breakdown of the key provisions:

  • Back-up Copies (Section 47C):
    • It is not an infringement of copyright to make a reproduction of a computer program if the reproduction is made by or on behalf of the owner or licensee of the original copy.
    • The reproduction must be for use only by, or on behalf of, the owner or licensee of the original copy.
    • The reproduction must be for specific purposes, including using the copy in place of the original, storing the copy as a backup if the original is lost or damaged, or using the copy if another reproduction is lost or damaged.
    • However, this exception does not apply if the copy is made from an infringing copy, if the program is designed to prevent copying, or if the license to use the original copy has expired or been terminated.
  • Reproducing for Interoperability (Section 47D):
    • Copyright is not infringed if a reproduction or adaptation is made to obtain information necessary to create a new program or article that can connect to and work with the original program.
    • The reproduction or adaptation must be made by or on behalf of the owner or licensee of the original program.
    • The reproduction or adaptation must only be to the extent reasonably necessary to obtain the required information, and the new program must only reproduce or adapt the original program to the extent necessary for interoperability.
    • The information must not be readily available from another source.
    • This exception does not apply if the copy is made from an infringing copy.
  • Reproduction for Normal Use or Study (Section 47B):
    • Copyright is not infringed if a reproduction is incidentally and automatically made as part of the technical process of running a copy of the program for its designed purpose, provided it's done by or on behalf of the owner or licensee.
    • Similarly, reproduction for the purpose of studying the ideas behind the program and how it functions is also permitted, again if done by or on behalf of the owner or licensee.
    • These exceptions do not apply if the copy is made from an infringing copy or contrary to an express direction or license given by the copyright owner.

It's important to note that the term "reproduction" in relation to a computer program does not include a version of the program of the kind referred to in paragraph 21(5)(b) of the Copyright Act 1968.