[A2k] Peter Jaszi's proposals for anti-circumvention
James Love
james.love@cptech.org
Sun Jan 30 14:30:11 2005
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Anti-Circumvention:
(A) It shall be impermissible to use technological measures in
connection with the exercise of authors=92 rights if they restrict acts
with respect to:
(1) Works consisting predominantly of public-domain material;
(2) Works of medical and scientific literature;
(3) Works substantially financed by national governments or
international organizations;
(4) Works consisting predominantly of factual information available from
a single source, if equivalent information cannot readily be gathered
or compiled by others;
(5) Works currently protected under extended terms of copyright that
exceed those required by the Berne Convention or TRIPS.
provided that the use of technological measures shall be permissible if
they do not substantially interfere with uses of works that are
authorized by the right holders or permitted by law.
(B) In providing legal protection and remedies against the
circumvention of technological measures, contracting parties shall not
prohibit circumvention undertaken in connection with uses of works that
are authorized by the right holders or permitted by law.
(C) In providing legal protection and remedies against the
circumvention of technological measures, contracting parties shall not
prohibit the making available of any technology or service that is
intended primarily to facilitate uses of works that are authorized by
the right holders or permitted by law.