Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (2), the copyright in a literary work that is a computer program is not infringed by the making of a reproduction of the work if:
(a) the reproduction is incidentally and automatically made as part of the technical process of running a copy of the program for the purposes for which the program was designed; and
(b) the running of the copy is done by, or on behalf of, the owner or licensee of the copy.
(2) Subsection (1) does not apply to the making of a reproduction of a computer program:
(a) from an infringing copy of the computer program; or
(b) contrary to an express direction or licence given by, or on behalf of, the owner of the copyright in the computer program to the owner or licensee of the copy from which the reproduction is made when the owner or licensee of that copy acquired it.
(3) Subject to subsection (4), the copyright in a literary work that is a computer program is not infringed by the making of a reproduction of the work if:
(a) the reproduction is incidentally and automatically made as part of the technical process of running a copy of the program for the purpose of studying the ideas behind the program and the way in which it functions; and
(b) the running of the copy is done by, or on behalf of, the owner or licensee of the copy.
(4) Subsection (3) does not apply to the making of a reproduction of a computer program from an infringing copy of the computer program.
(5) In this section:
"reproduction" , in relation to a computer program, does not include a version of the program of the kind referred to in paragraph 21(5)(b).