60
Use of works,
etc., when
effective
technological
measures are
employed
Copyright
No. 26
(4) In this section, an “effective technological measure” means
any technology, product, device, component or means that is
designed to prevent or restrict acts, in respect of works, expressions
of folklore, performances, sound recordings or broadcasts or
typographical arrangements, which are not authorized by the owner
of the respective right, and by which the owner of the right, through
an application of an access control or protection process which in its
normal course of operation achieves the protection objective,
controls the use of such protected work or subject matter.
86.__(1) An owner of copyright shall ensure that a beneficiary
who has legal access to a protected work or other subject matter
protected under this Act is able to use the work or other subject
matter without impediment of an effective technological protection
measure__
(a) pursuant to section 41, 44, 48, 49, 51, 53 and 59;
(b) for performances in an educational context, pursuant to
section 42; and
(c) except if it is a sound recording, pursuant to section 49, by
way of reproduction or otherwise as the relevant section permits.
(2) Where an owner of the copyright on the request of a
beneficiary of a section listed in subsection (1) fails to provide
access as described therein, he may, on the beneficiary’s petition
addressed to the Society, be ordered to provide information that is
necessary to enable the work or other subject matter to be used in
accordance with the purpose of the relevant subsection.
(3) The Society may in addition to orders referred to in subsection
(2), rule that the beneficiary, regardless of section 85, may
circumvent the applied technological protection measures if the
owner of rights fails to adhere to the time limit imposed in such
order.
Cap. 19:01
(4) Copies of works or other subject matter protected under this
Act, that are deposited under the Printed Publications Act, shall
always be equipped with the information necessary to ensure that
circumvention of technological protection measures to enable
lawful reproduction is possible.
(5) This section shall not apply where a protected work or other
protected subject matter on agreed terms is communicated to the
public in such a way that the individual can choose the time and
place of access to the work or subject matter.
(6) This section shall not apply to computer programmes: