US Free Trade Agreement Implementation Act 2004 (120 of 2004)

Schedule 9 Copyright amendments

Insert:

Offence in relation to use of broadcast decoding devices for commercial advantage etc.

(1A) A person commits an offence if:

(a) a broadcaster makes an encoded broadcast; and

(b) the person uses, or authorises the use of, a broadcast decoding device to gain access to the encoded broadcast; and

(d) the person uses, or authorises the use of, the device by way of trade and with the intention of obtaining a commercial advantage or profit.

Note: See section 135AL for the definition of profit .

Offence in relation to distribution of encoded broadcast that has been accessed without authorisation

(1B) A person commits an offence if:

(a) a broadcaster makes an encoded broadcast; and

(b) a broadcast decoding device is used to gain access to the encoded broadcast; and

(d) the person distributes (including by communicating), or authorises the distribution of, the broadcast that has been accessed by the device; and

(e) the person knows the broadcaster had not authorised the access to the broadcast; and

(f) the distribution affects prejudicially the following persons:

(i) any person who has an interest in the copyright in the broadcast;

(ii) any person who has an interest in the copyright in any content of the broadcast;

(iii) the channel provider who supplies the broadcaster with the channel for the broadcast.

Note: See section 135AL for the definition of channel provider .