Legal Definitions - architect's lien

An archival copy, in the context of U.S. copyright law, refers to a duplicate of a legally acquired piece of software that an owner creates solely for backup or archival purposes. This provision allows software owners to protect their investment against loss, damage, or malfunction of the original software without infringing on the copyright holder's rights. However, this legal permission comes with a significant condition: if the owner transfers or sells the original software, all associated archival copies must either be transferred along with it or be destroyed.

• Example 1: Protecting a Personal Software Investment

  Sarah, a freelance photographer, purchases a license for a professional photo editing software suite. To ensure she doesn't lose access to the software if her computer crashes or the original installation disc gets damaged, she creates a backup copy of the software installer on an external hard drive. This backup is an archival copy, legally permitted under copyright law, allowing her to reinstall the software if needed without having to repurchase it.

• Example 2: Business Continuity for Specialized Software

  A small engineering firm buys a specialized software package essential for its design projects. To safeguard against potential data loss or system failure, the firm's IT manager creates an exact duplicate of the software's installation files and stores it on a secure, off-site server. This duplicate serves as an archival copy, ensuring that the business can quickly restore its critical software operations in case of an unforeseen event, thereby maintaining business continuity.

• Example 3: Managing Archival Copies During Software Upgrades

  Mark owns a popular video game and has made an archival copy of its installation files. A few years later, a new version of the game is released, and Mark decides to sell his license for the old version to a friend. According to copyright law, when Mark transfers ownership of the original game license, he must either give his friend the archival copy he made or destroy it. He cannot keep the archival copy for himself once he no longer owns the original software license.