Section 261E — Copyright Act

(1)

Subject to subsections (2) and (3), section 261C(1)(b) and (c) is not contravened by the doing of any of the following:

(a)

the manufacture, importation, distribution, offering to the public or provision of a device, product or component, or the offering to the public or provision of a service, to carry out an act to circumvent a technological measure that is done —

(i)

in good faith;

(ii)

in relation to a copy of a computer program that is not an infringing copy; and

(iii)

with respect to particular elements of the computer program that are not readily available to the person doing the act,for the sole purpose of achieving interoperability of an independently created computer program with another computer program;

(b)

the manufacture, importation, distribution, offering to the public or provision of a device, product or component, or the offering to the public or provision of a service, to carry out an act to circumvent a technological measure referred to in section 261D(1)(e);

(c)

the manufacture, importation, distribution, offering to the public or provision of a component or part referred to in section 261D(1)(f);

(d)

the manufacture, importation, distribution, offering to the public or provision of a device, product or component, or the offering to the public or provision of a service, to carry out an act to circumvent a technological measure referred to in section 261D(1)(g);

(e)

an act carried out by the Government or by any person authorised by the Government for the purpose of law enforcement, intelligence, national defence, essential security or other similar purpose.

Amended by52/2004

(2)

Paragraphs (b), (c) and (d) of subsection (1) apply only if the technological measure is a technological access control measure.

Amended by52/2004

(3)

Subsection (1) shall not apply if —

(a)

in the case of an act referred to in paragraph (a) of that subsection, the circumvention referred to in that paragraph infringes the copyright in the work or other subject-matter or amounts to an unauthorised use of the performance; or

(b)

in the case of an act referred to in paragraph (b) or (d) of that subsection, the circumvention referred to in that paragraph infringes the copyright in the work or other subject-matter or amounts to an unauthorised use of the performance, or otherwise violates a provision of any other written law.

Amended by52/2004