Page:Copyright Act 2021.pdf/164

Rh 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).