Observing, studying and testing of computer program by lawful user
240.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to observe, study or test the functioning of a computer program.
(2) The conditions are—
- (a) X is a lawful user of the program; and
- (b) the observing, studying or testing is done—
- (i) to determine the ideas and principles that underlie any element of the program; and
- (ii) while X is performing any act of loading, displaying, running, transmitting or storing the program that X is entitled to do.
Copying or adapting of computer program by lawful user
241.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a copy or an adaptation of a computer program.
(2) The conditions are—
- (a) X is a lawful user of the program;
- (b) making the copy or adaptation is necessary for X’s lawful use; and
- (c) making the copying or adaptation is not a permitted use under section 237, 238 or 239.
(3) To avoid doubt, it may be necessary for the lawful use of a computer program to make a copy or an adaptation of the program to correct errors in the program.
Interpretation: who is a lawful user
242. In this Division, a person is a “lawful user” of a computer program if the person has a right to use the program (whether under a licence to do any act comprised in the copyright in the program or otherwise).
