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Chapter 2
Rights Management Information
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Rights and remedies in respect of unlawful acts which interfere with rights management information.
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375.—(1) A person who provides rights management information has the same rights and remedies against a person who—
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(a) removes or alters rights management information from copies of copyright works, copies of recordings of performances or copies of databases knowing or having reason to believe that the primary purpose or effect of such removal or alteration is to induce, enable, facilitate or conceal an infringement of any right conferred by this Act,
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(b) makes available to the public copies of copyright works or copies of recordings of performances or re-utilises copies of databases, referred to in paragraph (a), knowing or having reason to believe that rights management information has been removed or altered from those copies, or
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(c) (i) sells, rents or lends, or offers or exposes for sale, rental or loan,
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(ii) imports into the State, or
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(iii) in the course of a business, trade or profession, has in his or her possession, custody or control,
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copies of copyright works, copies of recordings of performances or copies of databases referred to in paragraph (a), knowing or having reason to believe that rights management information has been removed or altered from those copies,
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as a rightsowner has in respect of an infringement of any of his or her rights under this Act.
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(2) References in this section to rights management information include information, or any representation thereof—
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(a) which identifies a copyright work, recording of a performance or database,
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(b) which identifies the author in relation to a copyright work, the performer in relation to a recording of a performance or the maker in respect of a database,
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(c) which identifies the owner of any right in a copyright work, recording of a performance or database, or
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(d) about the terms and conditions of use of a copyright work, recording of a performance or database,
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where any of these items of information, or any representations thereof, are attached to or appear in connection with a copy of a copyright work or a copy of a recording of a performance, which is lawfully made available to the public, or a copy of a database which is lawfully re-utilised.
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(3) Sections 145 and 264 shall apply with any necessary modifications in relation to the disposal of anything delivered up or seized by virtue of subsection (1).
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