Copyright (New Technologies) Amendment Act 2008

43 New sections 80A to 80D inserted

• The following sections are inserted after section 80:

  “80A Decompilation 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—

    • “(a) 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

    • “(b) the information obtained from the decompilation is not used for any purpose other than the objective referred to in paragraph (a).

    “(3) In particular, the conditions in subsection (2) are not met if—

    • “(a) the information necessary to create the independent program is readily available to the lawful user without decompiling the computer program; or

    • “(b) the lawful user does not confine decompilation of the computer program strictly to the steps that are necessary to create an independent program; or

    • “(c) 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

    • “(d) 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

    • “(e) the lawful user uses the information obtained from decompiling the computer program to do any act that is restricted by copyright.

    “(4) In this section, decompile means—

    • “(a) to convert a computer program expressed in a low level language into a version expressed in a higher level language; or

    • “(b) to copy the program as a necessary incident of converting it into that version.

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

  • “(1) The lawful user of a computer program (A) does not infringe copyright in it by copying or adapting it, if—

    • “(a) copying or adapting it is necessary for A’s lawful use of the program (for example, to correct an error in the program); and

    • “(b) a properly functioning and error-free copy of the program is not available to A within a reasonable time at an ordinary commercial price.

    “(2) This section does not apply to copying or adapting that is permitted under section 80A or 80C.

  “80C Observing, studying, or testing of computer program

  • The lawful user of a computer program (A) does not infringe copyright in it by observing, studying, or testing the functioning of the program in order to determine the ideas and principles that underlie any element of the program if A does so while performing the acts of loading, displaying, running, transmitting, or storing the program that A is entitled to do.

  “80D Certain contractual terms relating to use of computer programs have no effect

  • A term or condition in an agreement for the use of a computer program has no effect in so far as it prohibits or restricts any activity undertaken in accordance with section 80A(2) or 80B(1).”