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NCJ Number:	153670

Title:	Computer Software Copyright Issues: Section 117 and Fair Use

Journal:	Memphis State University Law Review Volume:22 Issue:2 Dated:(Winter 1992) Pages:197-277

Author(s):	S K Tapp; D E Wanat

Date Published:	1992

Page Count:	81

Type:	Survey

Format:	Article

Language:	English

Country:	United States of America

Annotation:	In the 1990's, the issues of copyright coverage for, and infringement of a copyright in, computer software are being analyzed within the framework of the 1976 Copyright Act as amended in 1980.

Abstract:	In particular, the amendment of section 117, which created a limited privilege to copy or adapt a copyrighted computer program, has brought the Act's framework to bear on issues concerning the proper scope of that privilege found in the section. A key issue in the debate over the computer program copyright is whether section 102 of the 1976 Act includes computer software among original works of protected ownership. This article examines the historical view of the computer program copyright, analyzes the issues and philosophy of section 102 in terms of the works of authorship requirement and the Federal courts' view of how that provision applies to software, and outlines the courts' attempt at relational balancing. The article also explores the courts' application of sections 107 and 117 to cases involving computer program copyrights. 346 notes

Main Term(s):	Computers

Index Term(s):	Computer software; Copyright laws; Courts



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