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17 U.S.C. § 117 — Limitations on exclusive rights: Computer programs
Federal law — U.S. Code and appendices · legal_authorities
**(a) Making of Additional Copy or Adaptation by Owner of Copy.—** Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
(2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.
**(b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation.—** Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner.
**(c) Machine Maintenance or Repair.—** Notwithstanding the provisions of section 106, it is not an infringement for the owner or lessee of a machine to make or authorize the making of a copy of a computer program if such copy is made solely by virtue of the activation of a machine that lawfully contains an authorized copy of the computer program, for purposes only of maintenance or repair of that machine, if—
(1) such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed; and
(2) with respect to any computer program or part thereof that is not necessary for that machine to be activated, such program or part thereof is not acce
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Source file: Laws/federal/codes/united-states-code/title-17/section-117-limitations-on-exclusive-rights-computer-programs--a692c57cc2.md
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Source location: Title 17, Chapter 1, § 117; chapter-001-subject-matter-and-scope-of-copyright.md
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**(a) Making of Additional Copy or Adaptation by Owner of Copy.—** Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
(2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.
**(b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation.—** Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner.
**(c) Machine Maintenance or Repair.—** Notwithstanding the provisions of section 106, it is not an infringement for the owner or lessee of a machine to make or authorize the making of a copy of a computer program if such copy is made solely by virtue of the activation of a machine that lawfully contains an authorized copy of the computer program, for purposes only of maintenance or repair of that machine, if—
(1) such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed; and
(2) with respect to any computer program or part thereof that is not necessary for that machine to be activated, such program or part thereof is not accessed or used other than to make such new copy by virtue of the activation of the machine.
**(d) Definitions.—** For purposes of this section—
(1) the “maintenance” of a machine is the servicing of the machine in order to make it work in accordance with its original specifications and any changes to those specifications authorized for that machine; and
(2) the “repair” of a machine is the restoring of the machine to the state of working in accordance with its original specifications and any changes to those specifications authorized for that machine.
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following:
Source: Supplied U.S. Code snapshot — release unconfirmed · 17 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Page 106
TITLE 17—COPYRIGHTS
[§ 116A
1 See References in Text note below.
EFFECTIVE DATE
Section effective Mar. 1, 1989, with any cause of ac-
tion arising under this title before such date being gov-
erned by provisions as in effect when cause of action
arose, see section 13 of Pub. L. 100–568, set out as an Ef-
fective Date of 1988 Amendment note under section 101
of this title.
[§ 116A. Renumbered § 116]
§ 117. Limitations on exclusive rights: Computer
programs
(a) MAKING OF ADDITIONAL COPY OR ADAPTA-
TION BY OWNER OF COPY.—Notwithstanding the
provisions of section 106, it is not an infringe-
ment for the owner of a copy of a computer pro-
gram to make or authorize the making of an-
other copy or adaptation of that computer pro-
gram provided:
(1) that such a new copy or adaptation is cre-
ated as an essential step in the utilization of
the computer program in conjunction with a
machine and that it is used in no other man-
ner, or
(2) that such new copy or adaptation is for
archival purposes only and that all archival
copies are destroyed in the event that contin-
ued possession of the computer program
should cease to be rightful.
(b) LEASE, SALE, OR OTHER TRANSFER OF ADDI-
TIONAL COPY OR ADAPTATION.—Any exact copies
prepared in accordance with the provisions of
this section may be leased, sold, or otherwise
transferred, along with the copy from which
such copies were prepared, only as part of the
lease, sale, or other transfer of all rights in the
program. Adaptations so prepared may be trans-
ferred only with the authorization of the copy-
right owner.
(c) MACHINE MAINTENANCE
OR REPAIR.—Not-
withstanding the provisions of section 106, it is
not an infringement for the owner or lessee of a
machine to make or authorize the making of a
copy
Source: Supplied 2024 U.S. Code historical extraction · 17 U.S.C. § 117
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