Section 36A — COPYRIGHT ACT 1987

(a)

that is used by the owner of the copyright in connection with the exercise of his rights under this Act; and

(b)

that restricts acts in respect of his works which are not authorized by the owner concerned or permitted by law.

(2)

Subsection (1) does not apply if the circumvention of technological protection measure is—

(a)

for the sole purpose of achieving interoperability of an independently created computer program with the original program or any other programs;

(b)

for the sole purpose of identifying and analyzing flaws and vulnerabilities of encryption technology;

(c)

for the sole purpose of testing, investigating or correcting the security of a computer, computer system or computer network;

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(d)

for the sole purpose of identifying and disabling an undisclosed capability to collect or disseminate personally identifying information about the online activities of a natural person;

(e)

in relation to anything lawfully done for the sole purpose of—

(i)

law enforcement;

(ii)

national security; or

(iii)

performing a statutory function;

(f)

done by a library, an archive or an educational institution for the sole purpose of making an acquisition decision in relation to a work in which copyright subsists; or

(g)

done by an authorized entity or a person with print disability himself or any other person acting on his behalf including his caregiver, for the exclusive use of the person with print disability, for the sole purpose of—

(i)

making and issuing copies of any work into an accessible format copy; or

(ii)

distributing or making available copies of any work in an accessible format copy.

(3)

No person shall —

(a)

manufacture for sale or hire;

(b)

import otherwise than for his private and domestic use; or

(c)

in the course of a business —

(i)

sell or let for hire;

(ii)

offer or expose for sale or hire;

(iii)

advertise for sale or hire;

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(iv)

possess; or

(v)

distribute;

(d)

distribute for purposes other than in the course of a business to such an extent as to affect prejudicially the owner of the copyright; or

(e)

offer to the public or provide any service in relation to, any technology, device or component which —

(A)

is promoted, advertised or marketed for the purpose of the circumvention of technological protection measure;

(B)

has only a limited commercially significant purpose or use other than to circumvent technological protection measure; or

(C)

is primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of technological protection measure.

(4)

The Minister may prescribe any technology, device or component which may operate as a technological protection measure to be exempted from the application of this section.

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