Section 187 — Permitted uses that may not be excluded or restricted

(1)Any contract term is void to the extent that it purports, directly or indirectly, to exclude or restrict any permitted use under any provision in —

(a)Division 6 (public collections), but not section 234 (supplying copies of published literary, dramatic or musical works or articles between libraries and archives);

(b)Division 7 (computer programs);

(c)Division 8 (computational data analysis); or

(d)Division 17 (judicial proceedings and legal advice).

(2)Without limiting subsection (1), a contract term is void to the extent that it purports, directly or indirectly, to prevent or restrict the doing of any of the following acts in circumstances that constitute a permitted use under the provisions mentioned in subsection (1):

(a)making a copy of a work or a recording of a protected performance;

(b)supplying (whether by communication or otherwise) a copy of a work or a recording of a performance;

(c)performing a work or a recording of a protected performance.

(3)This section applies to any contract made before, on or after 21 November 2021.