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Part 1 · Copyright  ›  Division 8 · Special provisions on computer programs › Section 69d

Exceptions to restricted acts

(1) Unless otherwise provided by special contractual provisions, the acts referred to in section 69c nos. 1 and 2 do not require authorisation by the rightholder if they are necessary for the use of the computer program in accordance with its intended purpose, including for the correction of errors, by any person authorised to use a copy of the program.

(2) The making of a back-up copy by a person having a right to use the computer program may not be prevented by contract if it is necessary to secure future use. Section 60e (1) and (6) and section 60f (1) and (3) apply to reproductions made for the purpose of preservation.

(3) The person having a right to use a copy of a computer program is entitled, without the rightholder’s authorisation, to observe, study or test the functioning of that program in order to determine the ideas and principles which underlie any element of the program if this occurs whilst performing any acts of loading, displaying, running, transmitting or storing the program to which that person is entitled.

(4) Computer programs may also be used in accordance with section 69c no. 2 to carry out text and data mining pursuant to section 44b.

(5) Section 60a applies to computer programs with the following provisos:

1.  Digital uses are permitted under the responsibility of an educational establishment on its premises, at other locations or in a secure electronic environment.

2.  Computer programs may also be used pursuant to section 69c no. 2.

3.  Computer programs may be used in their entirety.

4.  The use must be justified for the purpose of illustration in teaching in educational establishments.

(6) Section 60d does not apply to computer programs.

(7) Sections 61d to 61f apply to computer programs, with the proviso that they may also be used pursuant to section 69c no. 2.

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