computer program

Computer programs are unlike other copyright works, as they are designed to do something when they are executed, rather than be enjoyed in an intellectual and ephemeral sense. Computer software reproduced when it is run, rather than being static text on a page. For the purposes of copyright law, when software is executed it is reproduced.

Computer programs are not defined under UK law as a result of the rationale that a codified definition would quickly be overtaken by developments in technology.

An implied license to use the program for ordinary purposes is implied into the normal contract of sale and purchase if no express provision is otherwise made.

Further to this implied license or express license (as the case may be), certain acts in relation to computer programs are permitted by statute. As such, these rights may not be overridden by agreement - they are inalienable rights for lawful users, and therefore do not infringe copyright by carrying out the specified acts. 

Lawful users of software are entitled to:

• Back-up software, which is necessary for them to have for their lawful use. A clause in a  contract or agreement that seeks to prevent this right is void.
• Decompile software (that is, the reverse of the process of compiling), so that they produce a copy of the higher level source that was originally compiled to produce machine code.
• Decompile the software with a view to create software that interacts with the original software. Decompiling software for a purpose outside this objective however is an infringement. Furthermore if information is readily available to the programmer to enable them to create software that interfaces with the program, the right to decompile is not available.  The results of the decompiling cannot be shared with third parties unless they are also involved in the process of creating interoperable software. Whether information is 'readily available' or not will probably rely on whether adequate documentation and an API is provided by the software house.  Lastly, the person decompiling the software is not entitled to create a program that would infringe the original program decompiled.
• Observe and  test the functioning and operation of software to determine the ideas and principles that come together for the operation of the source code.
• edit the software for the purpose of correcting errors, subject to a term in a contract preventing this activity.

A lawful user for the purposes of the exceptions is someone entitled to use the computer software.

Computer programs and software are not defined under UK law. However it is certain that software in its various forms, namely source code, machine code and firmware are protected, as are preparatory design materials, which would include the functional specification.

Usage: The end user was granted a non-exclusive licence to use the computer program.

Related Words: copyright; literary work; software; database rights; intellectual property; intellectual property rights.

Useful Material:

Computer Programs: Copyright, Designs and Patents Act