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- Newsgroups: comp.patents
- Path: sparky!uunet!munnari.oz.au!metro!basser.cs.su.oz.au!news
- From: Alan Bundy <bundy@aisb.edinburgh.ac.uk>
- Subject: [INFO] Draft UK Copyright Law
- X-Software: List-Server V 8.0
- Organization: Basser Dept of Computer Science, University of Sydney, Australia
- Date: Thu, 3 Sep 1992 15:47:07 GMT
- Approved: patents@cs.su.oz.au
- Message-ID: <1992Sep9.025733.1852@cs.su.oz.au>
- Comments: List problems/queries to <uklpf-request@uk.ac.daresbury>
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-
- [MOD- info from the UK lpf mailing list...]
-
- Below find a summary of the contents of the new draft UK
- law on software copyright designed to meet the EC directive. I
- have not provided the law itself, partly because it is fairly
- long and partly because it makes little sense without the 1988
- act that it mostly amends. However, these "explanatory notes"
- that come at the end provide a quite good overview. My thanks to
- my secretary, Carole Douglas, for typing them in.
-
- ECSR has been invited to comment on this draft so I would
- welcome any reactions to it. You will notice, for instance, that
- it does not address the interface issue at all. Its main concern
- is to withdraw existing blanket permissions to copy and
- `decompile' software (eg for education purposes) and then to give
- such permission back in more specific ways (eg for backup,
- debugging and interfacing purposes).
-
-
- Alan
-
-
- <------------------------------cut here------------------------>
-
-
- EXPLANATORY NOTE
- (This note is not part of the Regulations)
-
- These regulations implement the provisions of Council Directive No.91/250/EEC
- (O.J. No. L122, 17.5.91, page 42) (``the Directive'') on the legal
- protection of computer programs.
-
- The Copyright, Designs and Patents Act 1988 (``the Act'') currently makes
- provision for the protection of copyright in computer programs. The
- Directive harmonises the laws of the Member States relating to the protection
- of computer programs and includes matters for which the Act makes no
- specific provision or makes different provision. These Regulations amend and
- modify the Act in order to properly align its provisions with those of the
- Directive. In particular the regulations -
- (a)
- -remove certain acts relating to computer programs from the general application
- of the fair dealing provision in section 29, which is one of the acts
- permitted in relation to copyright works by the Act (regulation 5)
- (b)
- -introduce a new section 29B containing specific exceptions (which cannot be
- waived by contract) to the exclusive rights of the copyright owner permitting
- the making of a back-up copy (new subsection (1)); for the purpose of
- discovering interface specifications but within certain defined limits
- (new subsection (2)) and subject to certain conditions (new subsection (3))
- (regulation 6)
- (c)
- -introduce a new section 29C which prohibits the waiver of, and nullifies the
- effects of any contractual provision contrary to, the rights granted by
- subsections (1) and (2) of new section 29B and which purport to exclude or
- prohibit the right of a licensed user of a computer program to observe,
- study, or test the functioning of that program in the course of any
- licensed use thereof (regulation 6)
- (d)
- -introduce a new section 29D permitting limited reproduction, including
- translation and adaptation, (which rights are subject to express contractual
- provisions to the contrary ) where necessary for use and for error
- correction (regulation 6)
- (e)
- -also extend the category of persons against whom the rights granted by the
- provisions of section 296 (devices designed to circumvent copy-protection)
- may be exercised to persons who possess in the course of business devices or
- means intended to circumvent copy-protection applied to computer programs
- (regulation 7).
-
- The Regulations come into force on 1st January 1993. The provisions
- extending or diminishing the restricted or permitted acts (as the case may be)
- relating to copyright in computer programs apply to all computer programs
- created prior to or on or after that date. However, they apply only to acts
- or events relating to computer programs occurring on or after 1st January 1993
- They also apply to licences granted before 1st January 1993 having effect in
- relation to copyright works in the form of computer programs where the
- copyright comes into existence on or after 1st January 1993
-
-
-
-
-