Is it legal to make backups of my software?
October 2, 2022 | 40,00 EUR | answered by Otto Ullmann
Dear lawyer,
My name is Uwe Widmann and I work a lot with computers and software. Lately, I have been thinking about whether it is legal to make backup copies of my software. I want to make sure that in case of a system crash or data loss, I can quickly restore my programs without having to search for the original CDs or licenses every time.
Currently, I do not have any backup copies of my software and I am concerned that in a worst-case scenario, I may encounter problems as I cannot use the programs without the original CDs. I would like to know if it is allowed to make backup copies of my software and how I should proceed to be legally in the clear.
Could you please explain to me what legal regulations need to be considered when making backup copies of software? Are there specific guidelines or restrictions that I need to be aware of? How can I ensure that my backup copies are legal and that I do not have to fear any legal consequences?
Thank you in advance for your help and support.
Sincerely,
Uwe Widmann
Dear Mr. Widmann,
Thank you for your inquiry regarding creating backups of your software. It is understandable that you are concerned about how to quickly and easily access your programs in case of a system crash or data loss. I will explain in detail below the legal provisions to consider when creating backups of software.
In Germany, it is generally allowed to create backups of software as long as it is for personal use and to secure the programs. This is covered by the Copyright Act (UrhG), which regulates, among other things, the right to reproduce for private purposes. Therefore, you are allowed to make backups of your software to protect against data loss.
However, there are some restrictions and guidelines to follow to be legally compliant. Firstly, you should ensure that you own the original CDs or licenses of the software for which you want to create backups. It is important that you have legally acquired the programs, as creating backups of illegal copies is not allowed.
Furthermore, you should only use the backups for personal use and not distribute them or use them for commercial purposes. It is not permitted to create backups of software and distribute them to third parties, as this would violate copyright laws.
To ensure that your backups are legal, I recommend keeping the original CDs or licenses together with the backups. This way, you can prove during an inspection that you have legally acquired the programs and that the backups are only for personal use.
In summary, it is allowed to create backups of your software for personal use as long as you own the original CDs or licenses and use the backups only for personal use. Follow these guidelines and restrictions to avoid any legal consequences.
I hope this information is helpful to you and I am available for further questions.
Sincerely,
Otto Ullmann
Attorney specialized in Internet and Computer Law
