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COPYRIGHT REGULATIONS 2017 (F2017L01649) - REG 40

Non-infringing acts enabled by circumvention of access control technological protection measures that are not actionable--paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act

             (1)  For the purposes of paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act, the doing of an act by a person that does not infringe copyright because of any of the following provisions of the Act is prescribed:

                     (a)  section 47D (reproducing computer programs to make interoperable products), so far as it relates to making an article described in paragraph 47D(1)(b);

                     (b)  subsection 49(6), (7) or (7B) (reproducing and communicating works by libraries and archives for users);

                     (c)  subsection 50(4) (reproducing and communicating works by libraries or archives for other libraries or archives);

                     (d)  section 107 (making of a copy of the sound recording for purpose of broadcasting);

                     (e)  section 110A (copying and communicating unpublished sound recordings and cinematograph films in libraries or archives);

                      (f)  Division 3 (libraries and archives) of Part IVA;

                     (g)  Division 4 (educational institutions--statutory licence) of Part IVA.

             (2)  For the purposes of paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act, the following are also prescribed:

                     (a)  the making by a person of a broadcast of a published sound recording that does not infringe the copyright in the recording because of section 109 of the Act;

                     (b)  fair dealing with, or use of, copyright material other than a computer game by a person that is not an infringement of copyright in the material because of Division 2 (access by or for persons with a disability) of Part IVA of the Act;

                     (c)  the gaining of access by a person to copyright material to which a technological protection measure has been applied if:

                              (i)  the technological protection measure is not operating normally; and

                             (ii)  a replacement technological protection measure is not reasonably available;

                     (d)  the gaining of access by a person to copyright material that is protected by a technological protection measure that interferes with or damages a product in which it is installed (the host product ) or another product used in conjunction with the host product:

                              (i)  to prevent damage, or further damage, to the host product or another product by the technological protection measure; or

                             (ii)  to repair the host product or another product (if circumvention of the technological protection measure is necessary to enable the repair to be carried out);

                     (e)  use by a person of a work (other than a computer game) or other subject-matter that is not an infringement of copyright in the work or other subject-matter because of subsection 200AB(1) of the Act because the use is covered by subsection 200AB(3) (use by body administering educational institution) of the Act.



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