Document ID: chunk:federal_register_of_legislation:C2004C01235:clause:1_116b
Version: federal_register_of_legislation:C2004C01235
Segment Type: clause
Provision Reference: sch 1 cl 116B
Character Range: 47064–48031

116B  Removal or alteration of electronic rights management information

 (1) This section applies if:
 (a) a person removes or alters any electronic rights management information attached to a copy of a work or other subject‑matter in which copyright subsists; and
 (b) the person does so without the permission of the owner or exclusive licensee of the copyright; and
 (c) the person knew, or ought reasonably to have known, that the removal or alteration would induce, enable, facilitate or conceal an infringement of the copyright in the work or other subject‑matter.

 (2) If this section applies, the owner or exclusive licensee of the copyright may bring an action against the person.

 (3) In an action under subsection (2), it must be presumed that the defendant knew, or ought reasonably to have known, that the removal or alteration to which the action relates would have the effect referred to in paragraph (1)(c) unless the defendant proves otherwise.