Copyright and Other Intellectual Property Law Provisions Act 2019

Amendment of section 370 of Principal Act

34. Section 370 of the Principal Act is amended by the substitution of the following subsection for subsection (2):

“(2) A person who lawfully makes available to the public or re-utilises the copies referred to in subsection (1) has the same rights and remedies as the rightsowner has in respect of an infringement of any of his or her rights under this Act against a person who—

(a) (i) makes,

(ii) sells, rents or lends, or offers or exposes for sale, rental or loan,

(iii) imports into the State, or

(iv) has in his or her possession, custody or control,

a protection-defeating device, knowing or having reason to believe that it has been or is to be used to circumvent rights protection measures,

(b) provides information, or offers or performs any service, intended to enable or assist persons to circumvent rights protection measures, or

(c) circumvents rights protection measures in a work otherwise than with the agreement of the rightsowner or pursuant to section 374.”.