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- (b) the copy is made—
- (i) by or on behalf of the owner of the copy of the program from which the copy is made; and
- (ii) only for the purpose of being used by or on behalf of the owner if that copy is lost, destroyed or cannot be used.
(3) In this section, a reference to a copy of a computer program is a reference to any article in which the computer program is reproduced in a material form.
Copying electronic compilation or computer program when essential for use
238.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make, or authorise the making of, a copy or an adaptation of—
- (a) a compilation in an electronic form; or
- (b) a computer program.
(2) The conditions are—
- (a) the copy or adaptation is made from a copy of the compilation or program that is owned by X;
- (b) creating the copy or adaptation is an essential step in using the compilation or program with a machine; and
- (c) the copy or adaptation is not used in any other way.
(3) In this section—
- (a) a reference to a copy of a compilation or computer program is a reference to any article in which the compilation or program is reproduced in a material form; and
- (b) a reference to an adaptation of a compilation or computer program is a reference to any article in which the adaptation is reproduced in a material form.
