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Sec. 117. Limitations on exclusive rights: Computer programs
* (a) Making of Additional Copy or Adaptation by Owner of Copy.
- Notwithstanding the provisions of section 106, it is not an
infringement for the owner of a copy of a computer program to
make or authorize the making of another copy or adaptation of
that computer program provided:
* (1) that such a new copy or adaptation is created as an
essential step in the utilization of the computer program in
conjunction with a machine and that it is used in no other
manner, or
* (2) that such new copy or adaptation is for archival purposes
only and that all archival copies are destroyed in the event that
continued possession of the computer program should cease to be
rightful.
* (b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation.
- Any exact copies prepared in accordance with the provisions of this
section may be leased, sold, or otherwise transferred, along with
the
copy from which such copies were prepared, only as part of the lease,
sale, or other transfer of all rights in the program. Adaptations
so
prepared may be transferred only with the authorization of the copyright
owner.
* (c) Machine Maintenance or Repair. - Notwithstanding the provisions
of
section 106, it is not an infringement for the owner or lessee of
a machine to make or authorize the making of a copy of a computer
program if such copy is made solely by virtue of the activation of
a
machine that lawfully contains an authorized copy of the computer
program,
for purposes only of maintenance or repair of that machine, if -
* (1) such new copy is used in no other manner and is destroyed
immediately after the maintenance or repair is completed; and
(2) with respect to any computer program or part thereof that
is not necessary for that machine to be activated, such program
or part thereof is not accessed or used other than to make such
new copy by virtue of the activation of the machine.
* (d) Definitions. - For purposes of this section -
* (1) the ''maintenance'' of a machine is the servicing of the
machine in order to make it work in accordance with its original
specifications and any changes to those specifications authorized
for that machine; and
(2) the ''repair'' of a machine is the restoring of the machine
to the state of working in accordance with its original
specifications and any changes to those specifications authorized
for that machine.
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