SECTION 3. COPYRIGHT AND RELATED RIGHTS
Article 21. [Obligations concerning technological measures]
[21.1. Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors, performers, producers of phonograms, or broadcasting organizations in connection with the exercise of their rights under this Agreement or the Berne Convention and that restrict acts, in respect of their performances or phonograms, which are not authorized by the performers or the producers of phonograms concerned or permitted by law. ]
[21.1. In order to provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors, by performers, by producers of phonograms and their successors in interest in connection with the exercise of their rights and that restrict unauthorized acts in respect of their works, performances and phonograms, each Party shall provide that any person who a) knowingly, or having reasonable grounds to know, circumvents without authority any effective technological measure; 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, which: i) are promoted, advertised or marketed for the purpose of circumvention of any effective technological measure, or ii) have only a limited commercially significant purpose or use other than to circumvent any effective technological measure, or iii) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of any effective technological measure; shall be guilty of an offense, and shall be liable, upon the suit of any injured party, to relief by way of damages, injunction, accounts or otherwise. a) The prohibition referred to in Article 21.1.b prohibits circumvention of technological measures and does not require an affirmative response to such measures. This Article does not require that the design of, or the design and selection of parts and components for, a consumer electronics, telecommunications or computing product provide for a response to any particular technological measure. This does not provide a defense to a claim of violation of Article 21.1.b. b) Each Party shall provide that a violation of the law implementing the provisions of this Article is independent of any infringement that might occur under the Party's law on copyright and related rights.]
Note: The text looks like the DMCA language, it incorporates all the prohibitions but there are no exceptions such as traditional non-infringing use undertaken by libraries, archives or other educational institutions. There are no exceptions for non-infringing reverse engineering.
|Return to: CPTech Home -> FTAA Page|