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(b) wilful distribution ;or
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(c) wilful reception and further distribution ,
of a programme-carrying signal that originated as an encrypted
programme-carrying satellite signal, knowing that it has been
decoded without the authorisation of the lawful distributor of the
signal.
Article 11.13: Collective Management Organisations
1. Each Party shall endeavour to foster the establishment of
appropriate organisations for the collective management of
copyright and related rights. Each Party shall encourage such
organisations to operate in a manner that is fair, efficient, publicly
transparent, and accountable to their members, which may
include open and transparent record keeping of the collection and
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distribution of royalties .
2. The Parties recognise the importance of fostering cooperation
between their respective collective management organisations for
the purposes of mutually ensuring easier licensing of content
among the Parties, as well as encouraging mutual transfer of
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royalties for use of works or other copyright-protected subject
matters of the nationals of another Party.
Article 11.14: Circumvention of Effective Technological Measures
Each Party shall provide adequate legal protection and effective legal
remedies against the circumvention of effective technological measures
that are used by authors, performers, or producers of phonograms in
connection with the exercise of their rights referred to in this Section and
10 For greater certainty, a Party may interpret “distribution” as “retransmission to the
public”.
11 For greater certainty, a Party may interpret “distribution” as “retransmission to the
public”.
12 For greater certainty, “royalties” may include equitable remuneration.
13 For greater certainty, “encouraging” does not require a Party to intercede in any
contractual arrangements between collective management organisations.
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