The Copyright (Computer Programs) Regulations 1992  
Made  
16th December 1992  
Coming into force  
1st January 1993  
Whereas a draft of the following Regulations has been approved by resolution of each House of Parliament:  
Now, therefore, the Secretary of State, being a Minister designated( 1) for the purposes of section 2(2) of the 
European Communities Act 1972( 2) in relation to measures relating to the protection by copyright of computer 
programs, in exercise of the powers conferred by section 2(2) and (4) of the said Act of 1972, hereby makes the 
following Regulations: — 
Citation, commencement and extent  
1.—(1) These Regulations may be cited as the Copyright (Computer Programs) Regulations 1992 and 
shall come into force on 1st January 1993.  
(2) These Regulations extend to Northern Ireland.  
2.  The C opyright, Designs and Patents Act 1988( 3) shall be amended as follows.  
Amendments of Part I (copyright) of the Copyright, Designs and Patents Act 1988  
“Literary work” extended to include preparatory design material for a computer program  
3.  In section 3(1) (meaning of literary, dramatic and musical works) in the definition of “literary work”, omit 
the “and” immediately preceding paragraph (b) and at the  end of that paragraph insert  
“, and  
(c)preparatory design material for a computer program”.  
Restriction of infringement by issue of copies of computer programs within the Community  
4.—(1) In section 18 (infringement by issue of copies to the public), in s ubsection (2) — 
(a)after the words “work are” insert “except where the work is a computer program”; and  
(b)for the words “, films and computer programs” substitute the words “and films”.  
(2) After subsection (2) of that section insert — 
“(3) References in th is Part to the issue to the public of copies of a work where the work is a 
computer program are to the act of putting into circulation copies of that program not previously 
put into circulation in the United Kingdom or any other member State, by or with th e consent of 
the copyright owner, and not to — (a)any subsequent distribution, sale, hiring or loan of those copies, or  
(b)any subsequent importation of those copies into the United Kingdom,  
except that the restricted act of issuing copies to the public includes any rental of copies to the 
public.”.  
Meaning of “adaptation” in relation to a computer program  
5.—(1) In section 21 (infringement by making adaptation), in subsection (3) (meaning of “adaptation”) in 
paragraph (a) after “literary” insert “ work, other than a computer program,”.  
(2) After that paragraph of that subsection insert — 
“(ab)in relation to a computer program, means an arrangement or altered version of the 
program or a translation of it;”.  
(3) In subsection (4) of that section (meani ng of “translation” in relation to computer programs), omit the 
words “, otherwise than incidentally in the course of running the program”.  
Meaning of “infringing copy”  
6.  In section 27 (meaning of “infringing copy”), in subsection (3) (imported articles)  at the beginning insert 
“Subject to subsection (3A)” and after that subsection insert — 
“(3A)  A copy of a computer program which has previously been sold in any other member 
State, by or with the consent of the copyright owner, is not an infringing copy fo r the purposes 
of subsection (3).”.  
Exclusion of decompilation of computer programs from fair dealing  
7.  In section 29 (research and private study), after subsection (3) insert — 
“(4) It is not fair dealing — 
(a)to convert a computer program expressed in a low level language into a version expressed 
in a higher level language, or  
(b)incidentally in the course of so converting the program, to copy it,  
(these acts being permitted if done in accordance with section 50B (decompilation)).”.  
New permitted acts in relation to computer programs  
8.  After section 50 insert — 
“Computer programs: lawful users  
Back up copies.  
50A. —(1) It is not an infringement of copyright for a lawful user of a copy of a computer 
program to make any back up copy of it which it is necessary for him to have for the purposes 
of his lawful use.  (2) For the purposes of this section and sections 50B and 50C a person is a lawful user of a 
computer program if (whether under a licence to do any acts restricted by the copyright in the 
progra m or otherwise), he has a right to use the program.  
(3) Where an act is permitted under this section, it is irrelevant whether or not there exists 
any term or condition in an agreement which purports to prohibit or restrict the act (such terms 
being, by vi rtue of section 296A, void).  
Decompilation.  
50B. —(1) It is not an infringement of copyright for a lawful user of a copy of a computer 
program expressed in a low level language — 
(a)to convert it into a version expressed in a higher level language, or  
(b)incidentally in the course of so converting the program, to copy it,  
(that is, to “decompile” it), provided that the conditions in subsection (2) are met.  
(2) The conditions are that — 
(a)it is necessary to decompile the program to obtain the information necessary to create an 
independent program which can be operated with the program decompiled or with another 
program (“the permitted objective”); and  
(b)the informat ion so obtained is not used for any purpose other than the permitted objective.  
(3) In particular, the conditions in subsection (2) are not met if the lawful user — 
(a)has readily available to him the information necessary to achieve the permitted objective ; 
(b)does not confine the decompiling to such acts as are necessary to achieve the permitted 
objective;  
(c)supplies the information obtained by the decompiling to any person to whom it is not 
necessary to supply it in order to achieve the permitted objecti ve; or  
(d)uses the information to create a program which is substantially similar in its expression to 
the program decompiled or to do any act restricted by copyright.  
(4) Where an act is permitted under this section, it is irrelevant whether or not there exists 
any term or condition in an agreement which purports to prohibit or restrict the act (such terms 
being, by virtue of section 296A, void).  
Other acts permitted to lawful users.  
50C. —(1) It is not an infringement of copyright for a lawful user of a co py of a computer 
program to copy or adapt it, provided that the copying or adapting — 
(a)is necessary for his lawful use; and  (b)is not prohibited under any term or condition of an agreement regulating the circumstances 
in which his use is lawful.  
(2) It ma y, in particular, be necessary for the lawful use of a computer program to copy it or 
adapt it for the purpose of correcting errors in it.  
(3) This section does not apply to any copying or adapting permitted under section 50A or 
50B.”.  
9.  In section 179 (index of defined expressions) in the appropriate place in the alphabetical order insert — 
“lawful user (in sections 50A to 50C)  section 50A(2)”.  
Amendments of Part VII (miscellaneous and general) of the Copyright,Designs and Patents Act 1988  
Devices designed to circumvent copy -protection applied to computer programs  
10.  In section 296 (devices designed to circumvent copy -protection), after subsect ion (2) insert — 
“(2A)  Where the copies being issued to the public as mentioned in subsection (1) are copies 
of a computer program, subsection (2) applies as if for the words “or advertises for sale or hire” 
there were substituted “advertises for sale or hire or possesses in the course of a business”.”.  
Avoidance of certain terms relating to computer programs  
11.  After section 296 insert — 
“Computer programs  
Avoidance of certain terms.  
296A. —(1) Where a person has the use of a computer program under an agreement, any 
term or condition in the agreement shall be void in so far as it purports to prohibit or restrict — 
(a)the making of any back up copy of the program which it is necessary for him to have for the 
purposes of the agreed use;  
(b)where the condit ions in section 50B(2) are met, the decompiling of the program; or  
(c)the use of any device or means to observe, study or test the functioning of the program in 
order to understand the ideas and principles which underlie any element of the program.  
(2) In this section, decompile, in relation to a computer program, has the same meaning as 
in section 50B”.  
Transitional provisions and savings  
Computer programs created before 1st January 1993  
12.—(1) Subject to paragraph (2), the amendments of the Copyright, Designs and Patents Act 1988 made 
by these Regulations apply in relation to computer programs created before 1st January 1993 as they apply 
to computer programs created on or after that date.  (2) Nothing in these Regulations affects any agreemen t or any term or condition of an agreement where 
the agreement, term or condition is entered into before 1st January 1993.  
E. Leigh  
Parliamentary Under Secretary of State,  
Department of Trade and Industry  
16th December 1992  
EXPLANATORY NOTE  
(This note is not part of the Regulations)  
These Regulations implement the provisions of Council Directive No.  91/250/EEC  (O.J. No. L122, 17.5.91, 
page 42) (“the Directive”) on the legal protection of computer programs.  
The Copyright, Designs and Patents Act 198 8 (“the Act”) currently makes provision for the protection of 
copyright in computer programs. The Directive harmonises the laws of the member States relating to the 
protection of computer programs and includes matters for which the Act makes no specific pr ovision or makes 
different provision. These Regulations amend and modify the Act in order to properly align its provisions with 
those of the Directive. In particular the Regulations — 
(a)introduce modifications of the definition of literary work by includin g preparatory design material 
(regulation 3) and modify the meaning of adaptation and translation in relation to computer programs 
(regulation 5);  
(b)modify the meaning of “issues to the public of copies” and “infringing copy” so as to strengthen the 
distribution rights of copyright owners in the United Kingdom subject to exhaustion of rights inside the 
European Economic Community (regulations 4 and 6);  
(c)remove certain acts relating to computer programs from the general application of the fair dealing 
provision in section 29 (regulation 7);  
(d)introduce new sections 50A, 50B and 50C (regulation 8) containing specific exceptions to the exclusive 
rights of the copyright owner in favour of a lawful user — 
(i)permitting the making of a back up copy (new section 50A(1));  
(ii)defining a lawful user (new section 50A(2));  
(iii)permitting limited decompilation of a computer program (new section 50B(1)) subject to compliance with 
certain conditions (new section 50B( 2) and (3));  
(iv)permitting restricted amounts of copying and adapting for lawful use, including for error correction 
(except where otherwise provided for) (new section 50C);  
(e)introduce an amendment to section 296 extending the category of persons agains t whom remedies may 
be sought under that section in respect of dealing in devices designed to circumvent copy -protection for the 
purpose of making infringing copies (regulation 10); and  (f)introduce a new section 296A which renders void any term in an agre ement which seeks to prohibit or 
restrict the doing of any of the acts permitted under sections 50A and 50B or the use of any device or 
means to observe the functioning of a computer program (regulation 11).  
These Regulations come into force on 1st January  1993. The provisions extending or diminishing the 
restricted or permitted acts (as the case may be) relating to copyright in computer programs apply to all 
computer programs created prior to or on or after that date. However, they are to be without prejud ice to any 
acts concluded or rights acquired before 1st January 1993 (regulation 12).  
(1) 
S.I. 1992/707 . 
(2) 
1972 c. 68 . 
(3) 
1988 c. 48 .