Effective Technological Measures Sample Clauses
Effective Technological Measures. 1. Each Party shall provide for civil remedies where a person knowingly, or having reasonable grounds to know:
(a) circumvents an effective technological measure; or
(b) manufactures, imports, distributes, offers to the public, provides, or otherwise deals in a circumvention device or circumvention service; unless the activities described in subparagraphs (a) or (b) are authorised by the copyright owner or otherwise permitted by exceptions made in accordance with paragraph 3.
2. Each Party shall provide, at a minimum, for criminal procedures and penalties where for the purpose of commercial advantage or financial gain, a person intentionally, knowingly or recklessly:
(a) circumvents an effective technological measure; or
(b) manufactures, imports, distributes, offers to the public, provides, or otherwise deals in a circumvention device or circumvention service; unless the activities described in subparagraphs (a) or (b) are authorised by the copyright owner or otherwise permitted by exceptions made in accordance with paragraph 3.
3. Each Party shall provide that any exceptions to the obligations in paragraphs 1 and 2 be confined to certain special cases which do not conflict with a normal application of an effective technological measure for the protection of a work or sound recording and do not unreasonably prejudice the legitimate interests of the owner of copyright in that work or sound recording.
Effective Technological Measures. 1. Each Party shall provide that any person who:
(a) knowingly, or having reasonable grounds to know, circumvents without authority any effective technological measure that controls access to a protected work, performance, sound recording or other subject matter; or
(b) manufactures, imports, distributes, offers to the public, provides, or otherwise traffics in devices, products or components, or offers to the public, or provides services, that:
Effective Technological Measures. Each Party shall provide for civil remedies or administrative measures and, when appropriate, criminal penalties, against the circumvention of effective technological measures that are used by authors, performers and producers of phonograms in connection with the exercise of their copyright and related rights, and that restrict acts in respect of their works, performances or phonograms, which are not authorised by those right holders, or permitted by law.