Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 47E

Reproducing computer programs to correct errors

  (1)   Subject to this Division, the copyright in a literary work that is a computer program is not infringed by the making, on or after 23   February 1999, of a reproduction or adaptation of the work if:

  (a)   the reproduction or adaptation is made by, or on behalf of, the owner or licensee of the copy of the program (the original copy ) used for making the reproduction or adaptation; and

  (b)   the reproduction or adaptation is made for the purpose of correcting an error in the original copy that prevents it from operating (including in conjunction with other programs or with hardware):

  (i)   as intended by its author; or

  (ii)   in accordance with any specifications or other documentation supplied with the original copy; and

  (c)   the reproduction or adaptation is made only to the extent reasonably necessary to correct the error referred to in paragraph   (b); and

  (d)   when the reproduction or adaptation is made, another copy of the program that does operate as mentioned in paragraph   (b) is not available to the owner or licensee within a reasonable time at an ordinary commercial price.

  (2)   Subsection   (1) does not apply to the making of a reproduction or adaptation of a computer program from an infringing copy of the computer program.



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