Common use of Effective Technological Measures Clause in Contracts

Effective Technological Measures. 1. Each Party shall provide for civil remedies where a person knowingly, or having reasonable grounds to know: (a) circumvents an effective technological measure; or (b) manufactures, imports, distributes, offers to the public, provides, or otherwise deals in a circumvention device or circumvention service; unless the activities described in subparagraphs (a) or (b) are authorised by the copyright owner or otherwise permitted by exceptions made in accordance with paragraph 3. 2. Each Party shall provide, at a minimum, for criminal procedures and penalties where for the purpose of commercial advantage or financial gain, a person intentionally, knowingly or recklessly: (a) circumvents an effective technological measure; or (b) manufactures, imports, distributes, offers to the public, provides, or otherwise deals in a circumvention device or circumvention service; unless the activities described in subparagraphs (a) or (b) are authorised by the copyright owner or otherwise permitted by exceptions made in accordance with paragraph 3. 3. Each Party shall provide that any exceptions to the obligations in paragraphs 1 and 2 be confined to certain special cases which do not conflict with a normal application of an effective technological measure for the protection of a work or sound recording and do not unreasonably prejudice the legitimate interests of the owner of copyright in that work or sound recording.