Removing or altering electronic rights management information
132AQ Removing or altering electronic rights management information
Indictable offence
A person commits an offence if:
copyright subsists in a work or other subject‑matter; and
either:
the person removes, from a copy of the work or subject‑matter, any electronic rights management information that relates to the work or subject‑matter; or
the person alters any electronic rights management information that relates to the work or subject‑matter; and
the person does so without the permission of the owner or exclusive licensee of the copyright; and
the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright.
An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
A person commits an offence if:
copyright subsists in a work or other subject‑matter; and
either:
the person removes, from a copy of the work or subject‑matter, any electronic rights management information that relates to the work or subject‑matter; or
the person alters any electronic rights management information that relates to the work or subject‑matter; and
the person does so without the permission of the owner or exclusive licensee of the copyright; and
the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright and the person is negligent as to that result.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
A person commits an offence if:
copyright subsists in a work or other subject‑matter; and
either:
the person removes, from a copy of the work or subject‑matter, any electronic rights management information that relates to the work or subject‑matter; or
the person alters any electronic rights management information that relates to the work or subject‑matter; and
the person does so without the permission of the owner or exclusive licensee of the copyright; and
the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright.
Penalty: 60 penalty units.
Subsection (5) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
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