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

Schedule 9   Copyright amendments

Part 7   Electronic rights management information

Copyright Act 1968

141   Subsections 132(5C) and (5D)

Repeal the subsections, substitute:

Offences relating to electronic rights management information

(5C) A person commits an offence if:

(a) copyright subsists in a work or other subject-matter; and

(b) either:

(i) the person removes, from a copy of the work or subject-matter, any electronic rights management information that relates to the work or subject-matter; or

(ii) the person alters any electronic rights management information that relates to the work or subject-matter; and

(c) the person does so without the permission of the owner or exclusive licensee of the copyright; and

(d) the person is reckless as to whether the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright.

(5D) A person commits an offence if:

(a) copyright subsists in a work or other subject-matter; and

(b) the person does any of the following acts in relation to the work or subject-matter:

(i) distributes a copy of the work or subject-matter with the intention of trading and obtaining a commercial advantage or profit;

(ii) imports a copy of the work or subject-matter into Australia with the intention of trading and obtaining a commercial advantage or profit;

(iii) communicates a copy of the work or subject-matter to the public; and

(c) the person does so without the permission of the owner or exclusive licensee of the copyright; and

(d) either:

(i) any electronic rights management information that relates to the work or subject-matter has been removed from the copy of the work or subject-matter; or

(ii) any electronic rights management information that relates to the work or subject-matter has been altered;

without the permission of the owner or exclusive licensee of the copyright; and

(e) the person knows that the information has been removed or altered without that permission; and

(f) the person is reckless as to whether the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright.

(5DA) A person commits an offence if:

(a) copyright subsists in a work or other subject-matter; and

(b) the person does either of the following acts in relation to electronic rights management information that relates to the work or subject-matter:

(i) distributes the electronic rights management information with the intention of trading and obtaining a commercial advantage or profit;

(ii) imports the electronic rights management information into Australia with the intention of trading and obtaining a commercial advantage or profit; and

(c) the person does so without the permission of the owner or exclusive licensee of the copyright; and

(d) either:

(i) the information has been removed from a copy of the work or subject-matter without the permission of the owner or exclusive licensee of the copyright; or

(ii) the information has been removed from a copy of the work or subject-matter with the permission of the owner or exclusive licensee of the copyright but the information has been altered without that permission; and

(e) the person knows that the information has been removed or altered without that permission; and

(f) the person is reckless as to whether the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright.