No. S 224
Copyright Act
(Chapter 63)
Copyright (Excluded Works) Order 2005
In exercise of the powers conferred by section 261D(2) of the Copyright Act, the Minister for Law hereby makes the following Order:
Citation and commencement
1.  This Order may be cited as the Copyright (Excluded Works) Order 2005 and shall come into operation on 18th April 2005.
2.  This Order shall remain in force until 31st October 2006.
3.—(1)  In this Order, unless the context otherwise requires —
“Internet location” includes any domain, uniform resource locator (URL) or numeric Internet protocol (IP) address or any combination thereof;
“list of blocked Internet locations” means a list of Internet locations to which access is blocked by means of a commercially available filtering computer program which operates to prevent access to any domain or website or any part thereof, but does not include any list of blocked Internet locations which is merely protected by —
(a)a computer program which operates exclusively to prevent damage to a computer or computer network; or
(b)a computer program which operates exclusively to prevent receipt of electronic mail;
“specialised format” means a format that —
(a)is in Braille, audio or digital text; and
(b)is intended solely for use by handicapped readers.
(2)  For the purposes of paragraph 4(1)(b), a dongle shall be treated as obsolete if —
(a)it is no longer being manufactured; or
(b)it is no longer commercially available.
(3)  For the purposes of paragraph 4(1)(c), a computer program or video game shall be treated as being in an obsolete format if its contents can only be rendered perceptible by means of a machine or system that —
(a)is no longer being manufactured; or
(b)is no longer commercially available.
Works to which section 261C (1) (a ) of Act shall not apply
4.—(1)  Section 261C(1)(a) of the Act shall not apply to the following works:
(a)any compilation which consists of a list of blocked Internet locations;
(b)any computer program to which access is controlled by means of an obsolete dongle that is damaged or defective;
(c)any computer program or video game —
(i)which is distributed in an obsolete format; and
(ii)to which access may be gained only by means of the original medium or hardware in or with which it was designed to be used or operated; and
(d)any literary work —
(i)which is in an electronic book format; and
(ii)in respect of which a technological access control measure has been applied to all existing electronic book editions of the work (including any digital text edition made available by an institution assisting handicapped readers) so as to —
(A)prevent the operation of the read-aloud function of the electronic book; and
(B)prevent screen readers from converting the text into a specialised format.
Made this 1st day of April 2005.
Permanent Secretary,
Ministry of Law,
[LAW 44/004/008 Vol. 3; AG/LEG/SL/63/2003/1 Vol. 3]