What Are the Authorizations of the Legal Transferee of the Software Hold?
The Law specifically prescribes the allowed actions by the subject who legally obtained a copy of the software (in cases when the copyright work is a computer program and if not stipulated otherwise). Without the authors’ permission and with no obligation to pay the compensation for the authorship, this subject is authorized by the Law to:
- Permanently or temporarily make copies of software or its parts, by any means and in any form, when it is necessary to use the software according to its purpose;
- To eliminate the inaccuracy of software, according to its purpose;
- Load, display, launch, relocate or install the software in computer memory if it is necessary for the duplication of the software;
- Translate, adjust, arrange and make other alterations of the software and the duplicated results of those actions.
Although the abovementioned issues may be regulated differently by the contract, the Law, however, does not allow for the provision in the contract that prohibits making software copies on a permanent data carrier (i.e., a CD), if that is necessary to use the software.
The person allowed to use the software is authorized by the Law to observe, examine or test the software performance to establish ideas and principles on which any of the software elements is based, on condition of performing these actions while loading, displaying, launching, relocating or installing programs according to the authorizations.
Finally, the Law allows making copies and translation of the originating code without the permission of the authors, if that is inevitable to obtain data necessary for achieving interoperability of individually created software with other programs, under the following conditions:
- That it is performed by the licensee or other subject allowed to use the software or the subject authorized by those persons;
- That the data necessary for achieving interoperability is not available otherwise;
- That these actions are limited to only those elements of the software which are necessary to achieve interoperability.
The data obtained this way may be used solely to achieve the interoperability of the individually created software.
On the other hand, the data obtained this way may not:
- Be disclosed to other persons, unless necessary for achieving interoperability of the individually created software;
- Be used for the development, production or advertising of the software that is essentially similar to the original one or any other activity which may violate the copyright on that software.
It is important to know that in case of conflict between the contract and the abovementioned legal provisions, contractual ones will be void.