vil right for the copyright owner or persons authorised to issue copies to the public to take action against measures designed to circumvent technological protection measures. The offence does not apply to the situation of accidental circumvention. In addition, a person does not commit an offence where they circumvent the protection measures for the purposes of investigating cryptography.
Section 296ZB applies to devices and services designed to circumvent technological measures - (1) A person commits an offence if he - (a) manufactures for sale or hire, or (b) imports otherwise than for his private and domestic use, or (c) in the course of a business - (i) sells or lets for hire, or (ii) offers or exposes for sale or hire, or (iii) advertises for sale or hire, or (iv) possesses, or (v) distributes, or (d) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner, any device, product or component which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures.
Section 296ZE provides for a limited remedy for users and consumers of protected works where the technological protection measure prevents permitted acts. Under this provision an individual can serve a notice of complaint to the Secretary of State that their IP rights are being undermined by draconian technological protection measures. The Secret英语论文网 【http://www.51lunwen.org】ary of State may then issue a direction to the copyright holder or exclusive licensee to provide access.
Section 296ZG Electronic rights management information – this provision provides that the removal or alteration of ERM information is to be treated as an infringement of copyright. Similarly, the importation, distribution or communication to the public of a copyrighted work that has had the ERM information removed or altered is a violation of copyright law.
Section 97A of the 1988 Act provides for the availability of injunctions/interdicts against service providers where that service provider has actual knowledge of another person using their service to infringe copyright. In determining ‘actual knowledge’ the courts will take into account all matters which appear to be relevant.
Problems with technological protection measures
Digital lock-up
Delivery of public domain information in a digital format may unduly restrict the dissemination of information. Also, consumers are prevented from making copies for a range of purposes that they would have previously been able to do.
Digital rights management also provides greater control for copyright owners. All digital data is identifiable with metadata. It is important that this information is not destroyed since it is vital that violations of copyright can be identified. Section 296Z prevents the removal of such metadata.
In the US, a number of organisations hav
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