ITPEC FE Morning October 2023 Question 80
When a single-license software package is purchased by a company, which of the following is an activity that is usually permitted in conformity with the concept of the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)?
Explanation
A backup copy for limited purposes — copyright law under TRIPS lets the lawful user of a program make the copies needed to use and safeguard it, nothing more.
TRIPS requires WTO members to protect computer programs as literary works under copyright. A single licence permits use on one computer; the owner of that copy may still make a backup or a temporary copy for maintenance, because that does not create additional users. Any extra installation, distribution or modified version for wider use needs the right holder's permission.
Answer (b)
Why not others:
- •(a) — installing one licence on many computers makes unauthorised copies; each installation needs its own licence
- •(c) — adapting the program and then running it on many computers still multiplies the copies beyond the single licence
- •(d) — putting the package on an intranet for staff to download is distribution, making it available for unlicensed copying
Key rule: A software licence counts copies in use: backups and maintenance copies are allowed, but every extra installed copy needs its own licence.
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