226B Rights of issuer of TPM work

(1)

[Repealed]

(2)

The issuer of the TPM work has the same rights and remedies against a person who contravenes section 226A as a copyright owner has in respect of an infringement of copyright.

(3)

The issuer of the TPM work has the same rights under section 122 (order for delivery up in civil proceedings) or 132 (order for delivery up in criminal proceedings) in relation to a TPM circumvention device as a copyright owner has in relation to an infringing copy.

(4)

Sections 126 to 129 and 197A (which relate to certain presumptions) apply in relation to proceedings under this section.

(5)

Section 134 (order as to disposal of infringing copy or other object) applies, with all necessary modifications, in relation to the disposal of anything that is delivered up under subsection (3).

(6)

A performer (A) must be treated as an issuer of the TPM work for the purposes of this section if—

(a)

the performance is fixed in a sound recording; and

(b)

the TPM work is the sound recording; and

(c)

A issued a copy of the TPM work to the public or communicated the TPM work to the public.

Section 226B: inserted, on 31 October 2008, by section 90 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).

Section 226B(1): repealed, on 30 December 2018, by section 40(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).

Section 226B(2): amended, on 30 December 2018, by section 40(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).

Section 226B(4): amended, on 30 December 2018, by section 40(5) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).

Section 226B(6): inserted, on 30 December 2018, by section 40(6) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).