There has been considerable debate about the appropriate scope for legal protection of TPMs under Bill C-32. I dealt with this issue in a speech I gave today at the Insight Conference: RIGHTS and COPYRIGHT, Bringing Canada into the 21st Century.
The questions I discussed were the following:
- Does Bill C-32 properly implement the WIPO Treaties consistent with approaches used by Canada’s trading partners?
- Does Bill C-32 permit circumvention of TPMs to permit copying for fair dealing, educational and other purposes?
- Does Bill C-32 have a flexible framework to permit new exceptions to be made by regulation?
- Can the WIPO Treaties be implemented by limiting protection to circumvention for the purposes of infringement?
- Should circumvention of TPMs for private copying purposes be permitted?
- Are private copying exceptions “user rights” that trump legal protection for TPMs?
- Do other jurisdictions permit an exception for private copying to trump TPMs?
- Would an exception for private copying that permits circumventing TPMs violate the Berne Three Step Test?
- Can the WIPO Treaties be complied with by permitting circumvention of TPMs for private copying?
- Does Canada have any trading partners that have private copying, no levy, and permit circumventing a TPM for private copying?
My slides are set out below.