Copyright (Computer Programs) Regulations 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/3233 |
1992 No. 3233
COPYRIGHT
The Copyright (Computer Programs) Regulations 1992
Made 16th December 1992
Coming into force 1st January 1993
Whereas a draft of the following Regulations has been approved by resolution of each House of Parliament:
Now, therefore, the Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the protection by copyright of computer programs, in exercise of the powers conferred by section 2(2) and (4) of the said Act of 1972, hereby makes the following Regulations:—
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Copyright (Computer Programs) Regulations 1992 and shall come into force on 1st January 1993.
(2) These Regulations extend to Northern Ireland.
2. The Copyright, Designs and Patents Act 19883shall be amended as follows.
Amendments of Part I (copyright) of the Copyright, Designs and Patents Act 1988
“Literary work” extended to include preparatory design material for a computer program
3. In section 3(1) (meaning of literary, dramatic and musical works) in the definition of “literary work”, omit the “and” immediately preceding paragraph (b) and at the end of that paragraph insert
“
, and
(c)
(c) preparatory design material for a computer program
Restriction of infringement by issue of copies of computer programs within the Community
4.—(1) In section 18 (infringement by issue of copies to the public), in subsection (2)—
(a)
(a) after the words “work are” insert “except where the work is a computer program”; and
(b)
(b) for the words “, films and computer programs” substitute the words “and films”.
(2) After subsection (2) of that section insert—
“
3 References in this Part to the issue to the public of copies of a work where the work is a computer program are to the act of putting into circulation copies of that program not previously put into circulation in the United Kingdom or any other member State, by or with the consent of the copyright owner, and not to—
(a) any subsequent distribution, sale, hiring or loan of those copies, or
(b) any subsequent importation of those copies into the United Kingdom,
except that the restricted act of issuing copies to the public includes any rental of copies to the public.
Meaning of “adaptation” in relation to a computer program
5.—(1) In section 21 (infringement by making adaptation), in subsection (3) (meaning of “adaptation”) in paragraph (a) after “literary” insert “work, other than a computer program,”.
(2) After that paragraph of that subsection insert—
“
(ab)
(ab) in relation to a computer program, means an arrangement or altered version of the program or a translation of it;
(3) In subsection (4) of that section (meaning of “translation” in relation to computer programs), omit the words “, otherwise than incidentally in the course of running the program”.
Meaning of “infringing copy”
6. In section 27 (meaning of “infringing copy”), in subsection (3) (imported articles) at the beginning insert “Subject to subsection (3A)” and after that subsection insert—
“
3A A copy of a computer program which has previously been sold in any other member State, by or with the consent of the copyright owner, is not an infringing copy for the purposes of subsection (3).
Exclusion of decompilation of computer programs from fair dealing
7. In section 29 (research and private study), after subsection (3) insert—
“
4 It is not fair dealing—
(a) to convert a computer program expressed in a low level language into a version expressed in a higher level language, or
(b) incidentally in the course of so converting the program, to copy it,
(these acts being permitted if done in accordance with section 50B (decompilation)).
New permitted acts in relation to computer programs
8. After section 50 insert—
“
Computer programs: lawful users(50A) Back up copies.(1) It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for him to have for the purposes of his lawful use.(2) For the purposes of this section and sections 50B and 50C a person is a lawful user of a computer program if (whether under a licence...
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