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74
Supplement to Official Gazette
(i i)
[21stApril 20 1 4]
h a v e a l i m i t e d c o m m er c i a ll y
significant purpose or use other than to
circumvent effective technological
protection measures; or
(iii) are primarily designed, produced,
adapted or performed for the purpose of
e nabling o r facilitating the
circumvention of effective technological
protection measmes.
(2) Technological protection measures referred to in
subsection ( 1 ), are "effective" where the use of a work or object
of related right protected under this Act is controlled by the
rights holder through application of an access conh·ol or
protection process, such as encryption, scrambling or other
transfonnation of the work or other subject-matter, or a copy
control mechanism which, in the normal course of its
operation, achieves the protection objective.
(3 ) Notwithstanding subsection ( 1 ) , upon the request
by the beneficiary of an exception or limitation in accordance
with sections 12, 13 , 1 5 , 1 6, 17 or 18, the Registrar or the court,
as the case may be, may order that the necessary means be
made available to the extent required to benefit from it.
(4) The provisions of subsection (3 ) shall not apply to
works or other subject matters made available to the public on
agreed contractual terms in such a way that members of the
public may access them from a place and at a time individually
chosen by them.
Protection of
rights
manage1nent
information
33.(1 ) It is prohibited to
(a) remove or alter any electronic rights
management information without the
consent of the rights holder, or
(b) distribute, import for distribution, broadcast
or communicate to the public of works or