L 29/34
EN
Official Journal of the European Union
4.2.2016
5.
The rights of broadcasting organisations shall expire no less than 50 years after the first transmission of a
broadcast, whether that broadcast is transmitted by wire or wireless means, including by cable or satellite.
6.
The terms laid down in this Article shall be calculated from the first of January of the year following the event
which gives rise to them.
7.
The terms of protection may exceed the terms laid down in this Article.
Article 72
Protection of technological measures
1.
Each Party shall provide adequate legal protection against the circumvention of any effective technological
measures, which the person concerned carries out in the knowledge, or with reasonable grounds to know, that he is
pursuing that objective.
2.
Each Party shall provide adequate legal protection against the manufacture, import, distribution, sale, rental,
advertisement for sale or rental, or possession for commercial purposes of devices, products or components or the
provision of services which are mainly directed at or enable the circumvention of any effective technological measures.
3.
For the purposes of this Agreement, the expression ‘technological measures’ means any technology, device or
component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or
other subject matter, which are not authorised by the right holder of any copyright or related right as provided for by
domestic law. Technological measures shall be deemed ‘effective’ where the use of a work or other subject matter is
controlled by the right holders through the application of an access control or protection process, such as encryption,
scrambling or other transformation of the work or other subject matter or a copy control mechanism, which achieves
the protection objective.
Article 73
Protection of rights-management information
1.
Each Party shall provide adequate legal protection against any person performing without authority any of the
following acts:
(a) the removal or alteration of any electronic rights-management information;
(b) the distribution, importation for distribution, broadcasting, communication or making available to the public of
works or other subject matter protected under this Agreement from which electronic rights-management
information has been removed or altered without authority,
if that person knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or
concealing an infringement of any copyright or related right as provided for by domestic law.
2.
For the purposes of this Chapter, the expression ‘rights-management information’ means any information provided
by right holders which identifies the work or other subject matter protected by copyright or related rights, the author or
any other right holder, or information about the terms and conditions of use of the work or other subject matter, and
any numbers or codes that represent such information.
3.
Paragraph 1 shall apply when any of the items of information referred to in paragraph 2 is associated with a copy
of, or appears in connection with the communication to the public of, a work or other subject matter protected by
copyright or related rights.
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