COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) 129 Devices designed to circumvent copy-protection (1) In this section⎯ “copy-protection” means a device or arrangement of any description which is designed to prevent or restrict the making of unauthorised copies of a work or to impair the quality of any such copies made. (2) If a person, knowing or having reason to believe that the device concerned will be used to make infringing copies⎯ (a) makes, imports, exports, sells or lets for hire or offers or exposes for sale or hire any device specifically designed or adapted to circumvent a form of copy-protection that is employed or incorporated in a work in which copyright exists and which is issued to the public in electronic form; or (b) in the course of business, possesses a device referred to in paragraph (a); or (c) publishes information intended to enable or assist persons to circumvent a form of copyprotection that is employed or incorporated in a work in which copyright exists and which is issued to the public in electronic form; he shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (3) Whether or not a person who contravenes subsection (2) is prosecuted for an offence under that subsection, the owner of the copyright in the work concerned and the person who issued copies of the work to the public shall have the same rights against him as if⎯ (a) he had infringed the copyright in the work; and (b) the device concerned were an infringing copy of the work. (4) It shall be a defence to a prosecution for an offence under subsection (2) or to proceedings brought for infringement under subsection (3) for the accused person or defendant, as the case may be, to prove that his act was reasonably incidental to any use of or dealing with the work concerned which did not amount to an infringement of copyright in the work. (5) If, in a prosecution for an offence under paragraph (b) of subsection (2) or in proceedings brought for infringement in respect of a contravention of that paragraph, it is proved that the accused person or defendant, as the case may be— (a) was found in possession of a device specifically designed or adapted to circumvent a form of copy-protection that is employed or incorporated in a work in which copyright exists and which is issued to the public in electronic form; and (b) in the course of business sold, let for hire or distributed copies of works such as the work referred to in paragraph (a); it shall be presumed, unless the contrary is proved, that he possessed the device for the purpose of making infringing copies of the work. 130 Removal of rights-management information (1) In this section— “rights management information” means any name, mark, code, number or other information which is attached to or incorporated in or appears with a copyright work and which— Act 11/2001 - 68 Chapter 26:01