Sixth Topic Of Bill C-61: Digital Locks

This is the biggest part of the bill and the most complicated, yet one of the most important part.

Definitions:

“circumvent” means [..] to descramble a scrambled work or decrypt an encrypted work or to otherwise avoid, bypass, remove, deactivate or impair the technological measure, unless done with the authority of the copyright owner; and [...] to avoid, bypass, remove, deactivate or impair the technological measure.(Clause 31, section 41, subsection a)

“technological measure” means any effective technology, device or component that, in the ordinary course of its operation, [...] controls access to a work, to a performer’s performance fixed in a sound recording or to a sound recording and whose use is authorized by the copyright owner; [...]Idem

No person shall:

• circumvent a technological measure(Clause 31, section 41.1,Section 1, subsection a)

• manufacture, import, provide — including by selling or renting — offer for sale or rental or distribute any technology, device or component if(Clause 31, section 41.1,Section 1, subsection c)

• the technology, device or component is designed or produced primarily for the purposes of circumventing a technological measure,
• the uses or purposes of the technology, device or component are not commercially significant other than when it is used for the purposes of circumventing a techno- logical measure, or
• the person markets the technology, device or component as being for the purposes of circumventing a technological measure or acts in concert with another person in order to market the technology, device or component as being for those purposes.

Does not apply if:

• to a person who circumvents a technological measure that protects a program for the sole purpose of obtaining information that would allow the person to make the program and any other computer program interoperable.(Clause 31, section 41.12,Section 1)

• to a person who manufactures, imports or provides a technology, device or component for the purposes of circumventing a technological measure if the person does so for the purpose of making the computer program and any other computer program interoperable and uses that technology, device or component only for that purpose(Clause 31, section 41.12,Section 3)

• to a person who, for the purposes of encryption research, circumvents a technological measure by means of decryption if it would not be practical to carry out the research without circumventing the technological measure and the person has informed the owner of the copyright in the work, the performer’s performance fixed in a sound recording or the sound recording who has applied the technological measure.(Clause 31, section 41.13,Section 1)

• to a person who circumvents a technological measure to prevent the collection and communication of personal information without the user’s consent. (Unless a notice is provided)(Clause 31, section 41.14,Section 1)

• To a person doing security flaw assessment with the consent of the owner or administrator of the Network.(Clause 31, section 41.15,Section 1)

• a person with a perceptual disability who circumvents a technological measure for the sole purpose of making a work, a performer’s performance fixed in a sound recording or a sound recording perceptible to that person.(Clause 31, section 41.16,Section 1)

• To a broadcasting undertaking that circumvents a technological measure for the sole purpose of making an ephemeral reproduction of a work.(Clause 31, section 41.17,Section 1)

And a very special notice:

• No person shall knowingly remove or alter any rights management information in electronic form without the consent of the owner of the copyright in the work, the performer’s performance or the sound recording, if the person knows or should have known that the removal or alteration will facilitate or conceal any infringement of the owner’s copyright or adversely affect the owner’s right to remuneration

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