In more detail
As part of a periodic review of the exceptions in the CA, which is conducted once every four years to take into account technological developments, MinLaw and IPOS' Public Consultation focuses on the access control measures.
The CA prohibits users from circumventing access control measures or from dealing in products or services that allow others to do so. Access control measures are technologies, devices or components that effectively control access to copyrighted works and protected performances. Access control measures therefore provide rights owners with the tools they need to protect their copyrighted work or protected performance.
In practice, access control measures may unintentionally restrict legitimate and non-infringing uses. For example, an access control measure could restrict the compilation of segments from films intended for educational purposes. Hence, in limited situations, the CA provides exceptions in which users are permitted to circumvent these access control measures particularly where such access control measures negatively affect legitimate, non-infringing use of a work.
Presently, the Copyright Regulations 2021, Part 6, Division 1 (Protection of Technological Measures) contains a list of prescribed exceptions that are reviewed periodically to ensure their continued relevance in light of technological and market developments (the "prescribed exceptions"). The current prescribed exceptions will expire on 31 December 2024. The exceptions that will be prescribed pursuant to this Public Consultation will commence on 1 January 2025 and will remain in force for a period of no more than four years.
Comments may be submitted via MinLaw's feedback website.
Key takeaways
The periodic review of the exceptions in the CA indicates IPOS and MinLaw's ongoing commitment to ensuring that the CA remains up to date with recent technological and market developments. Further, it ensure that the interest of all stakeholders are delicately balanced. As such, it is important for right owners and non-infringing users of copyright works to provide their feedback as necessary to protect their rights and interests.
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