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Can I make a copy of a copyrighted work and use the original as an archival copy? How about back-up copies of software?

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Can I make a copy of a copyrighted work and use the original as an archival copy? How about back-up copies of software?

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Generally speaking, backup copying of audio and video recordings is not permitted. However, under certain conditions as provided by section 117 of the Copyright Act, back-up copies may be made of software. The precise term used under section 117 is archival copy but the Copyright Office indicates that term is used interchangeably with “backup” copy. However, they indicate that privilege extends only to computer programs and not to other types of works. See http://www.copyright.gov/help/faq/faq-digital.html or http://www.utsystem.edu/OGC/IntellectualProperty/copypol.htm for additional information.

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