Legal Question in Technology Law in Indiana

What is the copyright definition of backup equipment?

Question, what is the copyright definition of installing software onto an additional pc under the backup equipment clause of software copyright?

Can the backup equipment/copy be used by a secondary user? Or does the equipment (or rather the software) have to remain unused until such time as the primary software installation/pc is unusable?


Asked on 12/01/04, 3:25 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: What is the copyright definition of backup equipment?

This is a belated reply because you have not received an answer from anyone else. I suppose that is because it does not appear likely to generate legal fees to an attorney to make the response.

The "backup clause" of which you speak is Section 117 of the Copyright Act. The statute does not use the word "backup" but rather the term "archival copy". It does NOT permit the backup to be on a hard drive of a second computer, so your proposed backup on a second computer used by another person is a clear cut case of copyright infringement. Indeed, it is deliberate copyright infringement with penalties of $500 to $150,000 should you be sued by a copyright lawyer such as me.

There is a layman's explanation of this at the following http://www.copyright.gov/help/faq/faq-digital.html

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Answered on 12/16/04, 1:42 pm


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