(a) The following acts shall be deemed unlawful and, for the purposes of Articles 92 to 94, shall be
assimilated to an infringement of the rights of authors and of other owners of copyright:
(i) making or importing, for sale or rental, a device or facility specially designed or adapted to render
inoperative any device or facility intended to prevent or restrict the reproduction of a work or to
impair the quality of copies made (the latter device or facility is hereinafter referred to as a “device
or facility for protection against copying or for regulating copying”);
(ii) making, or importing, for sale or rental, a device or facility such as to permit or facilitate the
reception of an encoded programme broadcast or communicated in any other manner to the public,
by persons not entitled to receive it.
For the implementation of Articles 92 to 94, a device or facility specially designed or adapted to
render inoperative any device or facility for protection against copying or for regulating copying, as
referred to in paragraph (i), shall be assimilated to infringing copies of works.
(b) The following acts shall be deemed unlawful and, for the purposes of Articles 92 to 94, shall be
assimilated to an infringement of the rights of authors and of other holders of copyright:
(i) the removal or amendment of any electronic rights management information without authority;
(ii) the distribution or importation for distribution, broadcast, communication to the public or
making available to the public, without authority, of works, performances, phonograms or
broadcasts, knowing that electronic rights management information has been removed or altered
without authority;
(iii) For the purposes of this Article, “rights management information” means information which
identifies the author, the work, the performer, the performance, the phonogram producer, the
phonogram, the broadcasting organization, the broadcast, and the holder of any right under this Act,
or any other information about the terms and conditions of use of the work and other productions
covered by the Act, when any of these items of information are attached to a copy of a work, a fixed
performance, a copy of a phonogram or a fixed broadcast, or appear in connection with the
broadcast, the communication to the public or the making available to the public of a work, a fixed
performance, a phonogram or a broadcast.
(c) For the implementation of Articles 91 to 93, any copy on which rights management information
has been removed or amended shall be assimilated to infringing copies of works.
CHAPTER V: FINAL PROVISIONS
Article 95
The provisions of this Act shall also apply to works that were created, performances that took place
or were fixed, phonograms that were fixed and broadcasts that took place prior to the date of entry
into force of this Act, on condition that such works, performances, phonograms and broadcasts have
not yet fallen into the public domain by reason of the expiry of the term of protection which they
enjoyed under the preceding legislation or under the legislation of their country of origin.
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