Document ID: chunk:federal_register_of_legislation:F2024C00262:reg:40:p1
Version: federal_register_of_legislation:F2024C00262
Segment Type: reg
Provision Reference: reg 40 (pt 1/2)
Character Range: 56471–59341

40  Non‑infringing acts enabled by circumvention of access control technological protection measures that are not actionable—paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act
 (1) For the purposes of paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act, the doing of an act by a person that does not infringe copyright because of any of the following provisions of the Act is prescribed:
 (a) section 47D (reproducing computer programs to make interoperable products), so far as it relates to making an article described in paragraph 47D(1)(b);
 (b) subsection 49(6), (7) or (7B) (reproducing and communicating works by libraries and archives for users);
 (c) subsection 50(4) (reproducing and communicating works by libraries or archives for other libraries or archives);
 (d) section 107 (making of a copy of the sound recording for purpose of broadcasting);
 (e) section 110A (copying and communicating unpublished sound recordings and cinematograph films in libraries or archives);
 (f) Division 3 (libraries and archives) of Part IVA;
 (g) Division 4 (educational institutions—statutory licence) of Part IVA.
 (2) For the purposes of paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act, the following are also prescribed:
 (a) the making by a person of a broadcast of a published sound recording that does not infringe the copyright in the recording because of section 109 of the Act;
 (b) fair dealing with, or use of, copyright material other than a computer game by a person that is not an infringement of copyright in the material because of Division 2 (access by or for persons with a disability) of Part IVA of the Act;
 (c) the gaining of access by a person to copyright material to which a technological protection measure has been applied if:
 (i) the technological protection measure is not operating normally; and
 (ii) a replacement technological protection measure is not reasonably available;
 (d) the gaining of access by a person to copyright material that is protected by a technological protection measure that interferes with or damages a product in which it is installed (the host product) or another product used in conjunction with the host product:
 (i) to prevent damage, or further damage, to the host product or another product by the technological protection measure; or
 (ii) to repair the host product or another product (if circumvention of the technological protection measure is necessary to enable the repair to be carried out);
 (e) use by a person of a work (other than a computer game) or other subject‑matter that is not an infringement of copyright in the work or other subject‑matter because of subsection 200AB(1) of the Act because the use is covered by subsection 200AB(3) (use by body administering educational institution) of the Act.

Part 8—Infringement notices and forfeiture of infringing articles and devices

Division