Most copyright laws talk in terms of "circumvention" and "circumvention devices". To date, in most countries, programs like CloneCD, Blindwrite, Alcohol 120% and so on, are apparently legal.
Definitions of circumvention differ from country law to country law so it can be moot discussing what circumvention is and is not. But, I'm not a lawyer and don't pretend to understand the law.
In Australian law, it would appear that it is legal to backup if:
COPYRIGHT ACT 1968 (incl amendments up to Act No. 34 of 2003)
- SECT 47C
Back-up copy of computer programs
Subject to subsection (4), the copyright in a literary work that is a computer program is not infringed by the making of a reproduction of the work if:
...(c) the reproduction is made for any of the following purposes:
(i) to enable the owner or licensee of the original copy to use the reproduction in lieu of the original copy and to store the original copy;
(ii) to enable the owner or licensee of the original copy to store the reproduction for use in lieu of the original copy if the original copy is lost, destroyed or rendered unusable;
(iii) to enable the owner or licensee of the original copy to use the reproduction in lieu of the original copy, or of another reproduction made under this subsection, if the original copy, or the other reproduction, is lost, destroyed or rendered unusable.
Subsections (1) and (2) do not apply to the making of a reproduction of a computer program:
(a) from an infringing copy of the computer program; or
(b) if the owner of the copyright in the computer program has so designed the program that copies of it cannot be made without modifying the program; or
(c) if a licence to use the original copy, given by, or on behalf of, the owner of the copyright in the computer program to the owner of the original copy when the owner of that copy acquired it, has expired or been terminated.
"without modifying the program"...does that include the copy protection? I dunno