COPYRIGHT AND RELATED RIGHTS ACT* - Uaipit.com
COPYRIGHT AND RELATED RIGHTS ACT* - Uaipit.com
COPYRIGHT AND RELATED RIGHTS ACT* - Uaipit.com
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Article 114<br />
Limitations of the scope of author's rights<br />
(1) Unless otherwise provided by contract, the acts referred to under items 1 an 2 of the<br />
foregoing Article, including error corrections, may be done by the lawful acquirer of the<br />
program without the authorization of the author, if they are necessary for the use of the<br />
<strong>com</strong>puter program in accordance with its intended purpose.<br />
(2) A person having the right to use a <strong>com</strong>puter program may, without the authorization by the<br />
author, make a maximum of two back-up copies of it, if that is necessary for its use.<br />
(3) A person having the right to use a copy of a <strong>com</strong>puter program shall be entitled, without<br />
the authorization by the author, to observe, study or test the functioning of a program in order<br />
to determine the ideas and principles that underlie any element of the program, if he does so<br />
while performing any of the acts of loading, displaying, running, transmitting or storing the<br />
program which he is entitled to do.<br />
(4) Provisions of this Act, relating to the right of withdrawal (Article 20), and to the private or<br />
other personal use (Articles 37 to 39, and Article 50), do not apply to <strong>com</strong>puter programs.<br />
Computer programs may not be lent publicly (Article 36), unless otherwise provided by a<br />
contract between the author and the user.<br />
(5) Contractual stipulations contrary to the provisions of paragraphs (2) and (3) of this Article,<br />
shall be null and void.<br />
Article 115<br />
De<strong>com</strong>pilation<br />
(1) Reproduction of the code and translation of its form, within the meaning of items 1 and 2<br />
of Article 113 of this Act, shall not require the authorization of the author, where such<br />
reproduction or translation is indispensable to obtain the information necessary to achieve the<br />
interoperability of an independently created <strong>com</strong>puter program with other programs, or with<br />
hardware, provided that the following conditions are met:<br />
1. that these acts are performed by the licensee or by another authorized user, or on their<br />
behalf, by a person authorized to do so;<br />
2. that the information necessary to achieve interoperability has not been previously readily<br />
available to the persons referred to in foregoing item;<br />
3. that these acts are confined only to those parts of the pre-existing program which are<br />
necessary to achieve interoperability.<br />
(2) The information obtained through the application of the foregoing paragraph may not be: