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Digital Economy Bill [HL]

168A: After Clause 42, insert the following new Clause— "Effect of electronic rights management information material gathered by an automated process (1) The Copyright, Designs and Patents Act 1988 (the "1988 Act") is amended as follows. (2) After section 296ZG (electronic rights management information) insert— "296ZH Effect of electronic rights management information material gathered by an automated process (1) This section applies where electronic rights management information is associated with a copy of a copyright work, or appears in connection with the communication to the public of a copyright work, and a person (G) in the course of a business makes a copy of, or performs, any other restricted act in relation to that work by an automated process. (2) If the conditions in subsection (3) are satisfied, G is deemed to have notice of the contents of that electronic rights management information ("the information") for all purposes relating to his further use of, or access to, the copyright work. (3) Those conditions are that— (a) it is reasonably practicable for G to instruct the equipment or software which conducts the automated process to recognise, read and interpret the information; (b) the meaning of the information may be ascertained from published standards which G knows about or ought to know about; and (c) the meaning of the information is sufficiently clear that it is reasonably practicable to instruct G’s equipment or software to comply with any restrictions contained in the information regarding the further use of, or access to, the copyright work. (4) Where, apart from this section, G would be regarded in law as having notice of any of the information, nothing in this section prevents F from having such notice. (5) Subsections (1) to (4), and any other provisions of this Act as it has effect for the purposes of those subsections apply, with any necessary adaptations, to rights in performances, publication rights and database right. (6) Section 296ZG(7) (definition of certain expressions) extends to this section.""