Key issues on the legal protection for TPMs under Bill C-32

December 8th, 2010 by Barry Sookman Leave a reply »

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.

For more information about the Copyright Modernization Act or Bill C-11 or copyright reform, see Change and the Copyright Modernization Act.

Insight_Slides_on C-32 and TPMs

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