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Copyright, Designs and Patents Act 1988

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[F1296ZFInterpretation of sections 296ZA to [F2296ZEA]E+W+S+N.I.

(1)In sections 296ZA to 296ZE, “technological measures” are any technology, device or component which is designed, in the normal course of its operation, to protect a copyright work other than a computer program.

(2)Such measures are “effective” if the use of the work is controlled by the copyright owner through—

(a)an access control or protection process such as encryption, scrambling or other transformation of the work, or

(b)a copy control mechanism,

which achieves the intended protection.

(3)In this section, the reference to—

(a)protection of a work is to the prevention or restriction of acts that are not authorised by the copyright owner of that work and are restricted by copyright; and

(b)use of a work does not extend to any use of the work that is outside the scope of the acts restricted by copyright.

(4)Expressions used in sections 296ZA to [F3296ZEA] which are defined for the purposes of Part 1 of this Act (copyright) have the same meaning as in that Part.]

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Amendments (Textual)

F1Ss. 296-296ZF and cross-heading substituted (31.10.2003) for s. 296 and cross-heading by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 24(1) (with regs. 31-40)

F2Word in s. 296ZF heading substituted (1.10.2014) by The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 (S.I. 2014/2361), regs. 1(1), 4(3) (with reg. 5) (but note that the amending S.I. was quashed with prospective effect by the High Court in the case of R (British Academy of Songwriters, Composers and Authors and others) v Secretary of State for Business, Innovation and Skills [2015] EWHC 2041 (Admin), 17 July 2015)

F3Word in s. 296ZF(4) substituted (1.10.2014) by The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 (S.I. 2014/2361), regs. 1(1), 4(3) (with reg. 5) (but note that the amending S.I. was quashed with prospective effect by the High Court in the case of R (British Academy of Songwriters, Composers and Authors and others) v Secretary of State for Business, Innovation and Skills [2015] EWHC 2041 (Admin), 17 July 2015)

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