Page:Copyright Act 2021.pdf/281

282 Exception—research on encryption technology

431.—(1) A person may circumvent an access control measure by doing an act in relation to a protected copy if—
 * (a) the act is done in the course of research on any encryption technology and is needed to conduct that research;
 * (b) the person—
 * (i) is engaged in a legitimate course of study in the field of encryption technology;
 * (ii) is employed or appropriately trained or experienced in that field; or
 * (iii) is doing the act on behalf of a person so engaged, employed, trained or experienced;
 * (c) the act is done in good faith;
 * (d) the protected copy is not an infringing copy;
 * (e) the person doing the act has made a reasonable effort to obtain the authorisation of the rights owner;
 * (f) the act is not a rights infringement in relation to the protected copy; and
 * (g) the act does not violate any written law other than this Act.

(2) A person may deal in a circumventing device if—
 * (a) the device is used only in circumstances to which subsection (1) applies; or
 * (b) at the time of dealing, the person does not know and could not reasonably have known that the device will be used in any other circumstances.

(3) A person may deal in a circumventing service if—
 * (a) the service is performed only in circumstances to which subsection (1) applies; or
 * (b) at the time of dealing, the person does not know and could not reasonably have known that the service will be performed in any other circumstances.