104B.—(1) Subject to subsection (3), the publisher of a relevant work first published in the State on or after the commencement of section 27 of the Copyright and Other Intellectual Property Law Provisions Act 2019 shall make or cause to be made at least one electronic form of the work which complies with the requirements of subsection (2) unless the publisher already has, in the publisher’s possession, custody or control, at least one electronic form of the work which complies with those requirements.

(2) The electronic form of the relevant work shall enable copies of the work to be made—

(a) without undue difficulty,

(b) which are easily navigated, and

(c) which are capable of being modified.

(3) A designated body may make a relevant request of the publisher of a relevant work to which subsection (1) applies to deliver, within one month of the publisher’s receipt of the request, the relevant material in respect of the work, and the publisher shall, subject to subsection (4), comply with that request.

(4) The publisher of a relevant work who is the subject of a relevant request may, by notice in writing given to the designated body which made the request, decline to comply with the request until the publisher receives a payment to cover the reasonable costs of the publisher that would be incurred in complying with the request.

(5) Where a publisher fails to comply with this section he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

(6) In this section—

"relevant request" means a request in writing that the publisher deliver, in the manner specified in the request, the relevant material—

(a) in such digital or electronic or other technological form specified in the request and to the address (which may be an electronic address) specified in the request, or

(b) by permitting the designated body to access the relevant material;

"relevant material" means the electronic form of a relevant work and any other material required to ensure that such electronic form complies with subsection (2).]