US Introduces New Copyright Exemptions
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Q&As on circumvention of technological protection measures (TPMs)
This information is for general guidance only; it is not legal advice.
First read:
See also:| question | date | answer | more | |
|---|---|---|---|---|
| Is it illegal to circumvent TPMs? | 4/6/2009 | There are no TPM restrictions on circumventing a TPM that only operates to restrict copying. We understand, for example, that the “Macrovision” system, often used with commercial copies of video, is a copy-control TPM and therefore, provided you are entitled to make the copy under one of the special exceptions, you may circumvent such TPMs. On the other hand, there is a general prohibition on circumventing an “access-control” TPM (such as we understand is almost invariably used with commercially produced DVDs). It is important to note that we are discussing here only the circumvention itself: there are much more wide-ranging prohibitions on activities such as advertising and supplying circumvention services and devices. | QA0018 | |
| Is it illegal to supply and install mod chips in computer game consoles? | 4/6/2009 | The provisions in the Copyright Act dealing with circumvention devices and services don’t apply “to the extent that [a TPM] controls geographic market segmentation”. In general terms, this means you can supply and install mod chips in games consoles if the reason for doing so is to enable people in Australia to play non-infringing games they’ve bought overseas. If you are uncertain, however, about how the modchip you are supplying or installing operates in relation to a particular type of TPM (and whether it is doing more than just overcoming region coding), get legal advice. | QA0019 | |
| Can I use software to overcome the region coding on DVDs? | Yes, provided you only bypass the region coding mechanism and not other technological protection measures controlling access to the content. The Copyright Act prohibits the circumvention of an "access-control technological protection measure (ATPM)", but a region coding device is not an ATPM. | Circumvention of technological protection measures (TPMs) | QA0014 | |
| Can I circumvent a TPM on a DVD in order to lift some footage to use with a film review in a vodcast? | 29/5/2009 | Most DVDs that are produced commercially are protected by an access control technological protection measure. There are only very limited circumstances in which such TPMs may be circumvented, and these don’t include the use of material for criticism or review. As an alternative, explore whether you can obtain a copy on video (we understand that the TPM used with video does not function as an access control). In some rare cases, you may find what you need online. Take care however: if the copy you use is an infringing copy that you find online, your use may arguably no longer be “fair” even if it is still for “criticism or review”. Note also that your use of material sourced online from legitimate suppliers (such as iTunes) may be limited not only by another access control TPM but also by the terms or conditions of any agreement under which you gain access to the material. | QA0127 |