Copyright, Designs and Patents Act 1988, section 50A

Back up copies

Part I Copyright

(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 [F183 , 50BAF183] 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 program 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 virtue of section 296A, void).

Definitions used in section 50A 2

copy

(1)The copying of the work is an act restricted by the copyright in every description of copyright work; and references in this Part to copying and copies shall be construed as follows.

Defined in s.17(1) · see it in the full Act
acts restricted by the copyright

and those acts are referred to in this Part as the “acts restricted by the copyright”.

Defined in s.16(1) · see it in the full Act

Cases considering section 50A 4

Sprint Electric Ltd v Buyer's Dream Ltd & Anor

[2018] EWHC 1924 (Ch) · 30 July 2018Limits

The court considered the statutory rights to copy or adapt computer programs, including to correct errors, and held that those rights would be practically ineffective without access to source code. (see paras [195]-[198])

IBM United Kingdom Limited v LzLabs GmbH & Ors

[2025] EWHC 532 (TCC) · 10 March 2025

Recognises a lawful user’s right to make necessary back-up copies and prevents contractual restriction of that right. The provision formed part of the statutory framework but was not the basis of the principal findings. (see paras [236], [240])

Navitaire Inc v Easyjet Airline Co. & Anor

[2004] EWHC 1725 (Ch) · 30 July 2004Disapplies

The database tape was not shown to have been made or used for backup purposes, so the backup exception did not assist easyJet (see para [272]).

What each judgment says about section 50A is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F182Ss. 50A-50C inserted (1.1.1993) by S.I. 1992/3233, reg.8.
  2. F183S. 50A(2): ", 50BA" inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 15(2) (with regs. 31-40)