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In force2020 Revised Edition
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Part 5 · Permitted Uses of Copyright Works and Protected Performances

239. Decompilation of computer program by lawful user

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(1)

If the conditions in subsection (2) are met, it is a permitted use for a person (X) to decompile a computer program.

(2)

The conditions are —

(a)

the program is expressed in a low‑level language;

(b)

X is a lawful user of the program;

(c)

the decompiling is necessary to obtain the information needed for the purpose of creating an independent computer program that can be operated with the decompiled program or another computer program;

(d)

the information needed for that purpose is not otherwise readily available to X;

(e)

X confines the decompiling to acts that are needed for that purpose;

(f)

X does not use the information obtained from decompiling for anything other than that purpose;

(g)

X does not supply the information obtained from decompiling to any person unless it is necessary for that purpose;

(h)

X does not use the information obtained from decompiling to create a computer program that is substantially similar in its expression to the decompiled program; and

(i)

X does not use the information obtained from decompiling to do any act that is an infringement of copyright.

(3)

In this section, “decompiling”, in relation to a computer program expressed in a low‑level language, means —

(a)

converting the computer program into a version expressed in a higher level language; or

(b)

copying the computer program incidentally in the course of paragraph (a),and “decompile” has a corresponding meaning.

Report

Part 6

Remedies for and Border Enforcement Measures Against Rights Infringements

Part 7

Additional Rights Relating to Copyright Works and Protected Performances

Part 8

Offences

Part 9

Regulation of Collective Management Organisations

Part 10

Copyright Tribunals

Part 11

Miscellaneous

Part 12

Transitional