Click to return to CIT home page.

 

 

* Making Software Backups * Buying/Selling Backup Copies *

Software (Computer Program) Backups

Under certain conditions as provided by section 117 of the Copyright Act, you can make backups of your software. This privilege extends only to computer programs and not to other types of works.

You may make a copy of an original computer program if:

• the new copy is being made for archival (i.e., backup) purposes only;
• you are the legal owner of the copy; and
• any copy made for archival purposes is either destroyed, or transferred with the original copy, once the original copy is sold, given away, or otherwise transferred.

You are not permitted to make a backup copy of other material on a computer's hard drive, such as other copyrighted works that have been downloaded (e.g., music, films).

It is also important to check the terms of sale or license agreement of the original copy of software in case any special conditions have been put in place by the copyright owner that might affect your ability or right under section 117 to make a backup copy.

Buying or Selling Backup Copies of Software
You may not buy or sell backup copies of software you own. You may transfer a backup copy only with the sale of the original copy of the software The Copyright Act does not permit you to simply "buy" or "sell" backup copies from or to a third party.

The Copyright Office notes that there are websites offering to sell "backup" copies of software via download over the Internet or in a custom-burned CD-R format, under the guise that section 117 permits this. Section 117 does NOT permit this. Again, section 117 does not allow you to "buy" or "sell" backup copies from or to a third party. It does not allow anyone to distribute "backup" copies to the public. Such activity is also likely to be a violation of the terms of your license to the software.