Circumvention devices and services

The Copyright Act now makes the manufacture, supply and promotion of circumvention devices and services illegal. Such devices are defined as being for the purpose of circumventing technological protection measures, for instance a password requirement for a web site.

The Copyright Act however does contains an exception which allows circumvention devices and services to be supplied, which is relevant to schools. This exception applies:

• to a person authorised in writing by a body administering an educational institution to make reproductions and communications under the Statutory Licence in Part VB of the Act;
• for the purpose of making reproductions and communications under that Statutory Licence;
• to allow the copying and communication of material which is not readily available in a form which is not protected by a technological protection measure.

The authorised person must fill out a declaration before accessing the device or service. There are penalties for making a false declaration.

The same applies to supplying circumvention devices and services to the authorised officer of a library for the purpose of making reproductions and communications under the library exceptions.