TPM

CUSMA and Technical Protection Measures by Robert Tiessen

Blame it on consumer technology and electronics!  It was not until the photocopier, cassette recorder, VCR, etc. came into being, that publishers and content creators began to really worry about what people were doing with their content.  

WIPO copyright treaty offers adequate legal protection against the circumvention of technological measures or digital locks.

Digital Millennium Copyright Act (DMCA) has had a major effect on US trade policy as copyright considerations are a part of trade agreements.  DMCA wants other countries to adopt US copyright protections for the digital locks provisions.

Section 41 of our copyright act as an example. 

Technological Protection Measures (TPM) requires authorization of the copyright owner, and you cannot circumvent without their permission.

Options to consider:

1. Amend S41.1 not illegal to circumvent TPM where the copyright has expired.  Continue existing exceptions for print disabilities.

2. Create an exception for libraries, archives and museums to circumvent TPMs on behalf of their clients for otherwise non-infringing purposes.  For example, New Zealand allows for an intermediary like libraries to make those decisions on behalf of the public if they can prove that their purpose is for fair dealing and is allowable

Section 41.21 seems to specifically refer to TPMs adversely affecting fair dealing

3. Canada should have a call for new regulations every three years