A question I often times hear when discussing “backing up” ones software is:  “How many “back ups” am I allowed to make?”   And as the great Hip Hop legends, Run-DMC, once rapped It's Tricky!

To me making a “back up” or an archival copy of any software program that I have licensed should be a no-brainer.  I do not want to have to worry about any issues if my computer crashes or gets stolen, I want to be sure that I have “back ups” for emergency purposes.  However, where it gets confusing is if I have multiple “back ups”, which I am sure is why the question is asked in the first place.  Typically organizations will have an onsite “back up” of all software programs, while in addition have additional “back ups” at an offsite facility for disaster planning and recovery.  And these disaster planning and testing sites are what can throw a wrench into the issue of “how many “back ups” am I allowed to have” of software programs.

You see according to the US Copyright Law, one is allowed to make a single archival copy or “back up” of a copyrighted work.  However, any additional “back ups” or archival copies are not addressed within the copyright law, these additional “back ups” or archival copies are to be addressed within the license agreement(s) from the copyright holder.  The problem that occurs is if the copyright holder limits these rights or does not address these “back up” rights directly or clearly within the license agreement(s).  The idea that one only needs a single “back up” copy for emergency purposes is an outdated concept, and copyright holders and possibly event the copyright law needs to evolve to address this issue.  

I understand, as I hope the readers understand, that one does not “own” the copyrighted work in terms of software code, one agrees to a “license” of the software program with the copyright holder.  My only hope is that as long as the licensee truly utilizes the “back ups” for archival purposes and can demonstrate this as fact, that then the licensee be allowed to make additional “back ups” without any concern or issue. 

My recommendation to any licensee is to address this issue directly with the copyright holder if it is not already clear within the license agreement.  Because at the end of the day you want to be sure that you are covered in case any emergencies happen and that you Back That Thang Up! as the popular rap artist Juvenile once rhymed.