Digital Millennium Copyright Act/Title III

by United States Congress

TITLE III—COMPUTER MAINTENANCE OR REPAIR COPYRIGHT EXEMPTION

Sec. 301. Short Title.

This title may be cited as the ``Computer Maintenance Competition Assurance Act''.

Sec. 302. Limitations on Exclusive Rights; Computer Programs.

Section 117 of title 17, United States Code, is amended—

(1) by striking ``Notwithstanding'' and inserting the following:

``(a) Making of Additional Copy or Adaptation by Owner of Copy.—Notwithstanding'';

(2) by striking ``Any exact'' and inserting the following:

``(b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation.—Any exact'';

and

(3) by adding at the end the following:

``(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.''.