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In force2020 Revised Edition
Contents

Part 3 · Copyright in Works

150. Infringement by making device or providing service, etc., to access works communicated without authority

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(1)

Subject to the provisions of this Act, copyright in a work is infringed by a person (X) if —

(a)

the work is communicated to the public without the copyright owner’s authority;

(b)

X does any of the following acts (whether before or after the work is so communicated):

(i)

makes a device to obtain a commercial advantage;

(ii)

deals commercially in a device;

(iii)

imports a device for the purpose of commercial dealing;

(iv)

distributes a device to an extent that will prejudicially affect the copyright owner;

(v)

offers to the public, or provides, a service —

(A)

in exchange for payment; or

(B)

together with the sale of a device;

(c)

the device or service is capable of facilitating access to the work; and

(d)

X knows or ought reasonably to know that the device or service —

(i)

is capable of facilitating access to works communicated to the public without the authority of their copyright owners; and

(ii)

has only a limited commercially significant purpose or use other than that capability.

(2)

In this section —

“device” includes a component of a device, and a computer program;

“service” includes a subscription service and the provision of information.

Report

Part 4

Protection of Performances

Part 5

Permitted Uses of Copyright Works and Protected Performances

Part 6

Remedies for and Border Enforcement Measures Against Rights Infringements

Part 7

Additional Rights Relating to Copyright Works and Protected Performances

Part 8

Offences

Part 9

Regulation of Collective Management Organisations

Part 10

Copyright Tribunals

Part 11

Miscellaneous

Part 12

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