Copyright and Other Intellectual Property Law Provisions Act 2019

Rights protection measures and permitted acts

35. The Principal Act is amended by the substitution of the following section for section 374:

“374. (1) Nothing in this Chapter shall be construed as operating to prevent any person from undertaking any act permitted (in this section referred as ‘the permitted act’)—

(a) in relation to works protected by copyright under Chapter 6 of Part II, by that Chapter 6,

(b) in relation to performances, by Chapter 4 of Part III, or

(c) in relation to databases, by Chapter 8 of Part V.

(2) Where the beneficiary is legally entitled to access the protected work or subject-matter concerned, the rightsowner or licensee shall make available to the beneficiary the means of benefiting from the permitted act, save where other copies of such work or other subject-matter have been made available to the public on reasonable and agreed contractual terms by, or with the authority of, the rightsowner, in a form which does not prevent or unreasonably restrict the beneficiary from undertaking the permitted act.

(3) Where a technological protection measure has prevented a person (in this section referred to as ‘the complainant’) from undertaking in respect of a work the permitted act, the complainant may request the owner or licensee of the rights in that work (in this section referred to as ‘the respondent’) to provide an effective means of carrying out that act.

(4) Where, within a period of 30 working days from the date of the request, the respondent declines or fails to provide such an effective means of allowing the complainant to undertake in respect of the work the permitted act, the complainant may apply to the appropriate court for an order directing the permitted act.”.