Page 379 - Regional Comprehensive Economic Partnership (RCEP)

that restrict acts, in respect of their works, performances, or
(b) wilful distribution ;or phonograms, which are not authorised by the authors, the performers,
10
or the producers of phonograms concerned or permitted by the laws and
(c) wilful reception and further distribution , regulations of that Party.
11

of a programme-carrying signal that originated as an encrypted
programme-carrying satellite signal, knowing that it has been Article 11.15: Protection for Electronic Rights Management
decoded without the authorisation of the lawful distributor of the Information
signal.
To protect electronic rights management information (hereinafter
referred to as “RMI” in this Chapter) , each Party shall provide adequate
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Article 11.13: Collective Management Organisations and effective legal remedies against any person knowingly performing
without authority any of the following acts knowing, or with respect to civil
1. Each Party shall endeavour to foster the establishment of remedies with reasonable grounds to know, that it will induce, enable,
appropriate organisations for the collective management of facilitate, or conceal an infringement of any copyright or related rights
copyright and related rights. Each Party shall encourage such referred to in this Chapter:
organisations to operate in a manner that is fair, efficient, publicly
transparent, and accountable to their members, which may (a) removing or altering any electronic RMI; or
include open and transparent record keeping of the collection and
distribution of royalties . (b) distributing, importing for distribution, broadcasting,
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communicating, or making available to the public copies of
2. The Parties recognise the importance of fostering cooperation works, performances fixed in phonograms, or phonograms,
between their respective collective management organisations for knowing that electronic RMI has been removed or altered
the purposes of mutually ensuring easier licensing of content without authority.
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 14 For the purposes of this Article, “RMI” means:
that are used by authors, performers, or producers of phonograms in
connection with the exercise of their rights referred to in this Section and (a) information that identifies the work, the performance, the phonogram,
the author of the work, the performer of the performance, the producer
of the phonogram, or the owner of any right in the work, performance,
or phonogram;

10 For greater certainty, a Party may interpret “distribution” as “retransmission to the (b) information about the terms and conditions of use of the work,
public”. performance, or phonogram; or

11 For greater certainty, a Party may interpret “distribution” as “retransmission to the (c) any numbers or codes that represent the information described in
public”. subparagraphs (a) and (b) of this footnote,

12 For greater certainty, “royalties” may include equitable remuneration. when any of these items of information is attached to a copy of a work, performances
fixed in phonograms, or a phonogram, or appears in connection with the
13 For greater certainty, “encouraging” does not require a Party to intercede in any communication or the making available of a work, performances fixed in phonograms,
contractual arrangements between collective management organisations. or a phonogram to the public.

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