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[Pt. VI, S. 40]
COPYRIGHT
39
Back-up copy of computer program. 40. (1) Subject to subsection (2), the copyright in a literary work in the form of a computer program is not infringed by the making of a reproduction of the work or of a computer program being an adaptation of the work, if—
| (a) | the reproduction is made by, or on behalf of, the owner of the copy (in this section referred to as “the original copy”) from which the reproduction is made; and | |
| (b) | the reproduction is made for the purpose only of being used, by or on behalf of the owner of the original copy, in lieu of the original copy in the even that the original copy is lost, destroyed or rendered unusable. |
(2) Subsection (1) does not apply to the making of a reproduction of a computer program, or of an adaptation of a computer program—
| (a) | from an infringing copy of the computer program; or | |
| (b) | contrary to an express direction by or on behalf of the owner of the copyright in the computer program given to the owner of the original copy not later than the time when the owner of the original copy acquired the original copy. |
(3) For the purposes of this section—
| (a) | a reference to a copy of a computer program or of an adaptation of a computer program is a reference to any article in which the computer program or adaptation is reproduced in a material form; and | |
| (b) | a reference to an express direction, in relation to a copy of a computer program, or of an adaptation 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. |
