Document ID: chunk:federal_register_of_legislation:C2024C00854:section:116an:p1
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 116AN (pt 1/3)
Character Range: 359693–362531

116AN  Circumventing an access control technological protection measure
 (1) An owner or exclusive licensee of the copyright in a work or other subject‑matter may bring an action against a person if:
 (a) the work or other subject‑matter is protected by an access control technological protection measure; and
 (b) the person does an act that results in the circumvention of the access control technological protection measure; and
 (c) the person knows, or ought reasonably to know, that the act would have that result.

Exception—permission
 (2) Subsection (1) does not apply to the person if the person has the permission of the copyright owner or exclusive licensee to circumvent the access control technological protection measure.

Exception—interoperability
 (3) Subsection (1) does not apply to the person if:
 (a) the person circumvents the access control technological protection measure to enable the person to do an act; and
 (b) the act:
 (i) relates to a copy of a computer program (the original program) that is not an infringing copy and that was lawfully obtained; and
 (ii) will not infringe the copyright in the original program; and
 (iia) relates to elements of the original program that will not be readily available to the person when the circumvention occurs; and
 (iii) will be done for the sole purpose of achieving interoperability of an independently created computer program with the original program or any other program.

Exception—encryption research
 (4) Subsection (1) does not apply to the person if:
 (a) the person circumvents the access control technological protection measure to enable:
 (i) the person; or
 (ii) if the person is a body corporate—an employee of the person;
  to do an act; and
 (b) the act:
 (i) relates to a copy of a work or other subject‑matter that is not an infringing copy and that was lawfully obtained; and
 (ii) will not infringe the copyright in the work or other subject‑matter; and
 (iii) will be done for the sole purpose of identifying and analysing flaws and vulnerabilities of encryption technology; and
 (c) the person or employee is:
 (i) engaged in a course of study at an educational institution in the field of encryption technology; or
 (ii) employed, trained or experienced in the field of encryption technology; and
 (d) the person or employee:
 (i) has obtained permission from the owner or exclusive licensee of the copyright to do the act; or
 (ii) has made, or will make, a good faith effort to obtain such permission.
In this subsection, encryption technology means the scrambling and descrambling of information using mathematical formulas or algorithms.

Exception—computer security testing
 (5) Subsection (1) does not apply to the person if:
 (a) the person circumvents the access control technological protection measure to enable the person to do