Copyright, contract and the protection of computer programs

The extent to which permitted acts under copyright law can be varied by contractual arrangement and conversely, the manner in which proprietary interests can override contrary stipulations expressed in a contractual agreement, collectively display something of the complexity facing software creators and acquirers when defining the scope of their rights and responsibilities towards each other. This paper explores the true scope of the rights granted to software users under existing legislation and considers the measures which a software creator may legitimately advance in order to vary that position. In so doing it is suggested how possible tensions between copyright and contract principles can be resolved and how a successful and suitably transparent agreement between the parties can be promoted.