Directive on the legal protection of computer programs
Encyclopedia
NOTE: Council Directive 91/250/EEC has been replaced by Directive 2009/24/EC
Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs is a European Union directive
in the field of copyright
law, made under the internal market provisions of the Treaty of Rome
. It requires (Art. 1) that computer programs and any associated design material be protected under copyright
as literary works within the sense of the Berne Convention for the Protection of Literary and Artistic Works
.
The Directive also defines the copyright protection to be applied to computer programs: the owner of the copyright has the
exclusive right to authorize (Art 4):
However, these rights are subject to certain limitations (Art. 5). The legal owner of a program is assumed to have a licence to create any copies necessary to use the program and to alter the program within its intended purpose (e.g. for error correction). The lawful may also make a back-up copy for his or her personal use. The program may also be decompiled if this is necessary to ensure its operates with another program or device (Art. 6), but the results of the decompilation may not be used for any other purpose without infringing the copyright in the program.
The duration of the copyright was originally fixed at the life of the author plus fifty years (Art. 8), in accordance with the Berne Convention standard for literary works (Art. 7.1 Berne Convention). This has since been prolonged to the life of the author plus seventy years by the Directive harmonizing the term of protection of copyright and certain related rights.
Council Directive 91/250/EEC will formally be replaced by the Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs on May 25, 2009, which consolidates the various minor amendments the original directive has received over the years".
Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs is a European Union directive
European Union directive
A directive is a legislative act of the European Union, which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations which are self-executing and do not require any implementing measures. Directives...
in the field of copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
law, made under the internal market provisions of the Treaty of Rome
Treaty of Rome
The Treaty of Rome, officially the Treaty establishing the European Economic Community, was an international agreement that led to the founding of the European Economic Community on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany...
. It requires (Art. 1) that computer programs and any associated design material be protected under copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
as literary works within the sense of the Berne Convention for the Protection of Literary and Artistic Works
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
.
The Directive also defines the copyright protection to be applied to computer programs: the owner of the copyright has the
exclusive right to authorize (Art 4):
- the temporary or permanent copying of the program, including any copying which may be necessary to load, view or run the program;
- the translation, adaptation or other alteration to the program;
- the distribution of the program to the public by any means, including rental, subject to the first-sale doctrineFirst-sale doctrineThe first-sale doctrine is a limitation on copyright that was recognized by the Supreme Court of the United States in 1908 and subsequently codified in the Copyright Act of 1976,...
.
However, these rights are subject to certain limitations (Art. 5). The legal owner of a program is assumed to have a licence to create any copies necessary to use the program and to alter the program within its intended purpose (e.g. for error correction). The lawful may also make a back-up copy for his or her personal use. The program may also be decompiled if this is necessary to ensure its operates with another program or device (Art. 6), but the results of the decompilation may not be used for any other purpose without infringing the copyright in the program.
The duration of the copyright was originally fixed at the life of the author plus fifty years (Art. 8), in accordance with the Berne Convention standard for literary works (Art. 7.1 Berne Convention). This has since been prolonged to the life of the author plus seventy years by the Directive harmonizing the term of protection of copyright and certain related rights.
Council Directive 91/250/EEC will formally be replaced by the Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs on May 25, 2009, which consolidates the various minor amendments the original directive has received over the years".