Clause 34

“performance”;

“recording”, in relation to a performance; and

“unauthorised use”, in relation to a performance,have the meanings given to them under Part XII.Application of this Part259.—

This Part shall not apply to any act done for the service of the Government.(2) Nothing in this Part shall affect —

any copyright subsisting in a work or other subject-matter;

any right in relation to a performance or a recording thereof;

any limitation on copyright in a work or other subject-matter, or on a right in relation to a performance or a recording thereof; or

any defence to an action for infringement of copyright, or for an unauthorised use of a performance,under any provision of this Act.Removal or alteration of rights management information260.—

This section shall apply where rights management information in an electronic form is attached to a copy of a work or other subject-matter or a recording of a performance, or appears in connection with the making available of a copy of a work or subject-matter, or a recording of a performance, on a network.(2) An action may be brought by the person who provides the rights management information against another person who, knowingly and with intent to mislead or to induce or facilitate an infringement of the copyright in the work or subject-matter or an unauthorised use of the performance (as the case may be), removes or alters the rights management information.(3) Subsection (2) does not apply where the removal or alteration of electronic rights management information is carried out with the consent of the person who provides the rights management information.(4) In this section, “rights management information”, in relation to a copy of a work or other subject-matter or a recording of a performance, means any of the following:

information which identifies the work, subject-matter or performance;

information which identifies the author of the work, the owner of copyright in a work or subject-matter or the performer of a performance;

information about the terms and conditions of use of the copy of the work or subject-matter or the recording of the performance;

any numbers or codes that represent the information referred to in paragraph (a), (b) or (c),but excludes any information relating to a user of the copy of the work or subject-matter or the recording of the performance, such as the name, account, address or other contact information of, or pertaining to, the user.Relief which court may grant261.—

In an action brought under section 260, the court, if satisfied that the defendant has carried out or is carrying out an act referred to in section 260(2), may grant the plaintiff an injunction (subject to such terms, if any, as the court thinks fit) or damages, or both.(2) In addition to the relief referred to in subsection (1), the court may order that any article —

by means of which, or in relation to which, the act referred to in that subsection was or is being carried out; and

which is in the possession of the defendant or before the court,be delivered up to the plaintiff or destroyed.”.