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Part 4 · Common provisions on copyright and related rights  ›  Division 2 · Infringements › Section 108b

Infringement of technical measures and rights management information

(1) Any person who,

1.  with the intention of enabling for themselves or a third party access to a work which is protected under this Act or to other subject matter protected under this Act or its use, circumvents an effective technical measure without the rightholder’s consent or

2.  knowingly without authorisation

a)  removes or alters rights management information provided by rightholders if any of the information concerned is affixed to a copy of a work or of other protected subject matter or is released in the context of the communication to the public of such a work or protected subject matter or

b)  distributes, imports for distribution, broadcasts, communicates to the public or makes available to the public a work or other protected subject matter where rights management information was removed or altered without authorisation,

and by doing so has at least carelessly induced, enabled, facilitated or concealed an infringement of copyright or related rights,

then, if the offence was not committed exclusively for the personal private use of the offender or of persons personally associated with the offender or does not relate to such use, that person incurs a penalty of imprisonment for a term not exceeding one year or a fine.

(2) A penalty is also imposed on any person who, contrary to section 95a (3), produces, imports, distributes, sells or rents a device, a product or component for commercial purposes.

(3) If, in cases referred to in subsection (1), the offender acts on a commercial scale, the penalty is imprisonment for a term not exceeding three years or a fine.

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