Copyright and Trade Marks Bill [H.L.] - continued        House of Lords

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  PART V
  DEVICES DESIGNED TO CIRCUMVENT COPY-PROTECTION
Offence of making etc. devices designed to circumvent copy-protection.     8. - (1) In section 296 of the 1988 Act (devices designed to circumvent copy-protection), in subsection (2) after "make" insert "or play".
 
      (2) After section 296 of the 1988 Act insert the following section-
 
 
"Offence of making etc. devices designed to circumvent copy-protection.     296A. - (1) A person who-
 
    (a) makes, imports, sells or lets for hire, offers or exposes for sale or hire, any device or any means specifically designed or adapted to circumvent any electronic form of copy-protection, or
 
    (b) publishes information intended to enable or assist persons to circumvent any such form,
  commits an offence and is liable-
 
 
    (i) on summary conviction, to a fine not exceeding the statutory maximum;
 
    (ii) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.
      (2) It is a defence to any prosecution for an offence under this section for the defendant to prove that he did not know, and had no reasonable ground for knowing, that the device or means specifically designed or adapted to circumvent the form of copy-protection in question would be used to make or play infringing copies of copyright works.
 
      (3) Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath (in Scotland, by evidence on oath) that there are reasonable grounds for believing-
 
 
    (a) that an offence under this section has been or is about to be committed in any premises or place, and
 
    (b) that evidence that such an offence has been or is about to be committed in those premises or that place,
  he may issue a warrant authorising a constable to enter and search the premises or place specified in the warrant using such reasonable force as is necessary, and to do all or any other following acts-
 
 
    (i) to seize any copies of any works, articles or devices in respect of which the constable has reasonable grounds for suspecting that an offence under this section has been or is about to be committed;
 
    (ii) to make an inventory or prepare other evidence of infringement of copyright or potential infringement of copyright;
 
    (iii) to seize anything found there which the constable believes on reasonable grounds may be required to be used in evidence in any proceedings brought in respect of any offence under this Act; and
 
    (iv) to require any person found there to give his name and address.
      (4) A warrant issued under this section may authorise any person, including the copyright owner or his designated representative, to accompany and assist the constable in executing the warrant or in collating any inventory or other evidence.
 
      (5) A person who-
 
 
    (a) obstructs or interferes with any person acting under the authority of a warrant issued under this section, or
 
    (b) is found by the constable in the premises or place specified in the warrant and fails to give the constable his name and address when required to do so or gives a name or address which is false or misleading,
  is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 12 months, or both."
 
      (3) In section 297A of the 1988 Act (unauthorised decoders), after subsection (2) insert-
 
 
    "(2A) Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath (in Scotland, by evidence on oath) that there are reasonable grounds for believing-
 
 
    (a) that an offence under this section has been or is about to be committed in any premises or place, and
 
    (b) that evidence that such an offence has been or is about to be committed is in those premises or that place,
  he may issue a warrant authorising a constable to enter and search the premises or place specified in the warrant using such reasonable force as is necessary, and to do all or any of the following acts-
 
 
    (i) to seize any copies of any works, articles or devices in respect of which the constable has reasonable grounds for suspecting that an offence under this section has been or is about to be committed;
 
    (ii) to make an inventory or prepare other evidence of infringement of copyright or potential infringement of copyright;
 
    (iii) to seize anything found there which the constable believes on reasonable grounds may be required to be used in evidence in any proceedings brought in respect of an offence under this Act; and
 
    (iv) to require any person found there to give his name and address.
      (2B) A warrant issued under this section may authorise any person, including the copyright owner or his designated representative, to accompany and assist the constable in executing the warrant or in collating any inventory or other evidence.
 
      (2C) A person who-
 
 
    (a) obstructs or interferes with any person acting under the authority of a warrant issued under this section, or
 
    (b) is found by the constable in the premises or place specified in the warrant and fails to give the constable his name and address when required to do so or gives a name or address which is false or misleading,
  is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 12 months, or both."
 
 
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Prepared 21 January 2000