Page:Copyright Act 2021.pdf/279

280 Exception—access by non-profit library, etc., for purpose of acquisition

428. A person may circumvent an access control measure by doing an act in relation to a protected copy if—
 * (a) the act is done to enable any of the following organisations to access the underlying work or recording of a performance:
 * (i) a non-profit library or archive;
 * (ii) an educational institution;
 * (iii) an institution aiding persons with print disabilities;
 * (iv) an institution aiding persons with intellectual disabilities;
 * (b) the sole purpose of accessing the work or recording is to decide whether to acquire a copy of it;
 * (c) the work or recording is otherwise not available to the organisation;
 * (d) the act does not lead to a rights infringement in relation to the protected copy; and
 * (e) the act does not violate any written law other than this Act.

Exception—protecting personal information of network user

429. A person may circumvent an access control measure by doing an act in relation to a protected copy if—
 * (a) the access control measure is capable of collecting or disseminating information about the identity of a user of a network and the manner of his or her use;
 * (b) there is no conspicuous notice of the collection or dissemination of that information;
 * (c) the act is done for the sole purpose of identifying and disabling the measure;
 * (d) the act does not affect any person’s ability to access any protected copy;