§ 117. — Limitations on exclusive rights: Computer programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC117]
TITLE 17--COPYRIGHTS
CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHT
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.
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2565; Pub.
L. 96-517, Sec. 10(b), Dec. 12, 1980, 94 Stat. 3028; Pub. L. 105-304,
title III, Sec. 302, Oct. 28, 1998, 112 Stat. 2887.)
Historical and Revision Notes
house report no. 94-1476
As the program for general revision of the copyright law has
evolved, it has become increasingly apparent that in one major area the
problems are not sufficiently developed for a definitive legislative
solution. This is the area of computer uses of copyrighted works: the
use of a work ``in conjunction with automatic systems capable of
storing, processing, retrieving, or transferring information.'' The
Commission on New Technological Uses is, among other things, now engaged
in making a thorough study of the emerging patterns in this field and it
will, on the basis of its findings, recommend definitive copyright
provisions to deal with the situation.
Since it would be premature to change existing law on computer uses
at present, the purpose of section 117 is to preserve the status quo. It
is intended neither to cut off any rights that may now exist, nor to
create new rights that might be denied under the Act of 1909 or under
common law principles currently applicable.
The provision deals only with the exclusive rights of a copyright
owner with respect to computer uses, that is, the bundle of rights
specified for other types of uses in section 106 and qualified in
sections 107 through 116 and 118. With respect to the copyright-ability
of computer programs, the ownership of copyrights in them, the term of
protection, and the formal requirements of the remainder of the bill,
the new statute would apply.
Under section 117, an action for infringement of a copyrighted work
by means of a computer would necessarily be a federal action brought
under the new title 17. The court, in deciding the scope of exclusive
rights in the computer area, would first need to determine the
applicable law, whether State statutory or common law or the Act of
1909. Having determined what law was applicable, its decision would
depend upon its interpretation of what that law was on the point on the
day before the effective date of the new statute.
Amendments
1998--Pub. L. 105-304 designated existing provisions as subsecs. (a)
and (b), inserted headings, and added subsecs. (c) and (d).
1980--Pub. L. 96-517 substituted provision respecting limitations on
exclusive rights in connection with computer programs for prior
provision enunciating scope of exclusive rights and use of the work in
conjunction with computers and similar information systems and declaring
owner of copyright in a work without any greater or lesser rights with
respect to the use of the work in conjunction with automatic systems
capable of storing, processing, retrieving, or transferring information,
or in conjunction with any similar device, machine, or process, than
those afforded to works under the law, whether this title or the common
law or statutes of a State, in effect on Dec. 31, 1977, as held
applicable and construed by the court in an action brought under this
title.
Section Referred to in Other Sections
This section is referred to in sections 106, 501, 511 of this title;
title 18 section 2319.
