20 Jul 2012
Technological Protection Measures
The Commonwealth Government (Attorney-General’s Department) is currently reviewing exceptions to liability (made under the Copyright Regulations) for bypassing, disabling or otherwise circumventing the technological protection measures.
A technological protection measure is a technical lock copyright owners use to restrict access to or copying of their copyright work.
The Copyright Act allows an additional exception to be created when a submission for an exception is made and the Attorney-General makes a decision to grant an exception. This is the purpose of the review and to also consider the current additional exceptions set out in the Copyright Regulations.
Specific statutory exceptions in the Copyright Act that are not subject to the review and which remain unaffected include:
- where there is permission of the copyright owner;
- interoperability between computer programs;
- encryption research;
- computer security testing;
- online privacy;
- law enforcement and national security;
- acquisitions by libraries and other related institutions.
Submissions close 17 August 2012.
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Article written by Tony Clarke, Special Counsel.