Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/127

Chapter Six. Digital Information and Software Baystate Technologies, Inc., the United States Court of Appeals for the Federal Circuit held that copyright law did not override a shrinkwrap provision that prevented reverse engineering of a template used with a computer program. Even if copyright law allowed reverse engineering, the license prevented it. Other cases have had mixed results. Relevant factors included the form of notice, methods by which assent was indicated, and each state’s contract laws.

Despite the differing cases, it is clear that a library can contract away its rights, so read licensing agreements carefully. Also pay attention to how the contract affects those who use the digital products. A license agreement between a library and a vendor may limit a library patron’s right to copy or otherwise use an article in the licensed database, even though the use would be a permissible fair use.

Section 117 of the Copyright Act permits the owner of a computer program—“a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result” —to make a copy under three circumstances. First, the owner may make a new copy of the program, or an adaptation of the program, if it is an essential step in order to use the program in conjunction with a machine. For example, if the software you purchased cannot run on your equipment or operating system, you may make a copy in order to adapt it to make it work. This