Copyright and Other Intellectual Property Law Provisions Act 2019
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Amendment of Principal Act - insertion of sections 104A and 104B | ||
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27. The Principal Act is amended by the insertion of the following sections after section 104: | ||
“Circumstances in which section 104 shall not apply | ||
104A. (1) Section 104 shall not apply to a relevant work where— | ||
(a) there is a licensing scheme certified under section 173 that is applicable to section 104 in so far as that work is concerned, and | ||
(b) the designated body or person with a disability making, or causing to be made, a modified copy of that work knew or ought to have been aware of the existence of the licensing scheme. | ||
(2) Any terms of a licence granted on foot of the licensing scheme referred to in subsection (1) that purports to restrict the obligation imposed under section 104B(1) on the publisher of that work shall be unenforceable. | ||
Electronic form of relevant work | ||
104B. (1) Subject to subsection (3), the publisher of a relevant work first published in the State on or after the commencement of section 27 of the Copyright and Other Intellectual Property Law Provisions Act 2019 shall make or cause to be made at least one electronic form of the work which complies with the requirements of subsection (2) unless the publisher already has, in the publisher’s possession, custody or control, at least one electronic form of the work which complies with those requirements. | ||
(2) The electronic form of the relevant work shall enable copies of the work to be made— | ||
(a) without undue difficulty, | ||
(b) which are easily navigated, and | ||
(c) which are capable of being modified. | ||
(3) A designated body may make a relevant request of the publisher of a relevant work to which subsection (1) applies to deliver, within one month of the publisher’s receipt of the request, the relevant material in respect of the work, and the publisher shall, subject to subsection (4), comply with that request. | ||
(4) The publisher of a relevant work who is the subject of a relevant request may, by notice in writing given to the designated body which made the request, decline to comply with the request until the publisher receives a payment to cover the reasonable costs of the publisher that would be incurred in complying with the request. | ||
(5) Where a publisher fails to comply with this section he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine. | ||
(6) In this section— | ||
‘relevant request’ means a request in writing that the publisher deliver, in the manner specified in the request, the relevant material— | ||
(a) in such digital or electronic or other technological form specified in the request and to the address (which may be an electronic address) specified in the request, or | ||
(b) by permitting the designated body to access the relevant material; | ||
‘relevant material’ means the electronic form of a relevant work and any other material required to ensure that such electronic form complies with subsection (2).”. |