Guidance

Technological measures

The beneficiary of copyright or neighbouring right can take advantage of technological measures to protect his/hers works in digital form.

Technological measures include technologies, mechanisms or components which, in their usual manner of operation, aim to prevent or restrict actions which are not permitted by the beneficiaries or the database creator, in relation to works or other protected objects.

Technological measures are considered “effective”, when they allow the control by the beneficiaries of the access to or the protection of the protected work or other protectable object of:

• encryption;
• scrambling; or
• other conversion of the work, or the protected object, or copy protection control mechanism.

Examples of technological measures are set out below:

• the use of password;
• the use of personal identification number;
• the use of smart cards;
• the identification check;
• the encryption of data content;
• the use of watermark;
• the prevention of permanent reproduction (storing on disk) or printing.

Technological measures that prevent the temporary reproduction in order to facilitate browsing, as well as caching, provided that the intermediary does not amend the information and does not interfere with the lawful use of technology are excluded.

Anyone who, knowingly or deliberately and without the beneficiary’s permission, manufactures, imports, distributes, sells, leases, advertises for sale or lease or possesses for commercial purposes devices, products or components or provides services which:

• constitute an object of marketing, advertising or trading in order to eliminate technological protection measures; or
• have commercial purpose of use of limited importance; or
• have been primarily designed, produced, adjusted or carried out to allow or facilitate the elimination of protection of any effective technological measures;

commits an offence and is liable to fine or imprisonment.