In the United States, downloading a copyrighted game ROM or BIOS from an unauthorized source is generally risky and may infringe copyright. Owning the original cartridge, disc, or console does not automatically authorize you to download somebody else’s copy. U.S. law allows limited archival copying of qualifying computer programs and has narrow game-related exemptions, but neither creates a general right for the public to download or share ROMs or BIOS files.
How different ROM and BIOS situations compare
| Situation | Who makes or supplies the copy? | What the U.S. rules say |
|---|---|---|
| Downloading a game ROM or BIOS from an unauthorized site | A third party supplies a copy, and the user downloads it. | Potential copyright infringement; owning the original does not by itself authorize the download. |
| Making an archival copy of a computer program you legally own | The qualifying owner makes the copy. | Section 117 permits this only for archival purposes and subject to conditions; it does not authorize a download site to distribute copies. |
| Intermediate copying to develop an interoperable emulator | A developer copies software as part of reverse engineering. | The Copyright Office describes a narrow fair-use ruling; it is not general permission to download games or firmware. |
| Preservation under a specific game exemption | Eligible institutions, or users in defined circumstances, act under a particular exemption. | Some limited activities are allowed under conditions; these provisions are not general public download rights. |
These categories address different questions: who made the copy, whether its source was authorized, why it was made, whether access controls were bypassed, and whether a specific legal exception applies. A person’s ownership of a physical game or console answers only part of that picture.
Why a ROM or BIOS download can raise copyright issues
A game ROM contains a copy of a game’s code and content. The World Intellectual Property Organization’s 2022 paper explains that making a ROM generally involves reproducing the game; uploading it for others may also implicate distribution or communication rights. U.S. Copyright Office guidance says most original works should be assumed protected unless there is clear information otherwise.
A BIOS is software code, so downloading a copyrighted BIOS from an unauthorized source raises similar basic reproduction and distribution concerns. The official sources cited here do not establish a general exception specifically allowing consumers to download BIOS files. This applies general software-copyright guidance; it is not a BIOS-specific agency ruling.
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Does owning a cartridge or disc make a ROM download legal?
Not automatically. The U.S. Copyright Office distinguishes a qualifying owner-made archival copy from a copy distributed by someone else. Buying a cartridge or disc does not, by itself, authorize a third-party site to provide you with another copy.
What section 117 permits
Section 117 of the U.S. Copyright Act permits the legal owner of a computer program to make an archival copy, subject to conditions. The privilege is limited to computer programs and archival purposes. If the original is transferred, the archival copy must be destroyed or transferred with it. The Copyright Office also recommends checking the software’s terms.
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What it does not permit
Section 117 is not a general “backup law” for every digital work, and it does not give a ROM site permission to distribute backup copies to the public. It does not turn downloading a copy from an unauthorized site into your own owner-made archival copy.
Copyright and bypassing access controls are separate questions
Even when someone believes a use is permitted under copyright law, that does not automatically resolve whether bypassing an access control is lawful. Section 1201 of the Digital Millennium Copyright Act generally restricts circumvention of technological measures that control access to copyrighted works. It contains limited statutory exceptions and exemptions, but owning a game or asserting fair use does not, on its own, settle the anti-circumvention question.
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What the emulator ruling does—and does not—establish
“Emulator” is not a single legal category that settles every issue involving an emulator’s code, its distribution, or the ROM and BIOS files used with it. The Copyright Office describes a Ninth Circuit fair-use ruling involving Connectix, which made intermediate copies of the PlayStation operating system while reverse-engineering it to develop an interoperable emulator.
That specific ruling does not grant the public a general right to download commercial game ROMs or BIOS files from unauthorized sites. Fair use depends on the circumstances; the Copyright Office says there is no fixed percentage or amount of a work that automatically makes a use fair.
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Are abandoned games or preservation exceptions a general loophole?
No. Current 37 C.F.R. § 201.40 contains narrowly framed game-related exemptions, not a blanket “abandonware” permission. One provision addresses restoring local play for certain lawfully acquired complete games after required external-server support has ceased. Other provisions allow defined preservation activity by eligible libraries, archives, or museums under conditions, including limits on making preserved games available beyond the institution’s physical premises.
Whether an exemption applies depends on its conditions, the actor, and the circumstances. These provisions do not create a general right for anyone to download or share a game simply because it is old or no longer sold.
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What are the potential consequences?
The U.S. Copyright Office’s FAQ says statutory damages for copyright infringement may reach $30,000 per work, or up to $150,000 per work if the copyright owner proves willful infringement. These are general statutory-damages figures, not a prediction of what a ROM downloader would owe in a particular case. The FAQ also notes that attorney’s fees may be available.
Does the same answer apply outside the United States?
No universal answer follows from U.S. law. Copyright rules depend on jurisdiction, authorization, rights status, and how a copy is made or distributed. The WIPO 2022 paper provides comparative context and says ROM creation generally implicates reproduction rights in most jurisdictions unless authorized, but it is not a current country-by-country legal guide. Readers outside the United States should not assume these U.S. rules apply to them.
This explanation reflects U.S. federal law and Copyright Office guidance checked on October 4, 2026. The cited statutory source is the 2022 U.S. Code edition; agency FAQs and reports are explanatory materials, and 37 C.F.R. § 201.40 may change through future rulemaking. This is general information, not legal advice for a particular download or case.
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