Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2014-04-02 and last amended on 2012-11-07. Previous Versions

Marginal note:Encryption research
  •  (1) Paragraph 41.1(1)(a) does not apply to a person who, for the purposes of encryption research, circumvents a technological protection measure by means of decryption if

    • (a) it would not be practical to carry out the research without circumventing the technological protection measure;

    • (b) the person has lawfully obtained the work, the performer’s performance fixed in a sound recording or the sound recording that is protected by the technological protection measure; and

    • (c) 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 protection measure.

  • Marginal note:Non-application

    (2) However, a person acting in the circumstances referred to in subsection (1) is not entitled to benefit from the exception under that subsection if the person does an act that constitutes an infringement of copyright or an act that contravenes any Act of Parliament or any Act of the legislature of a province.

  • Marginal note:Technology, device or component

    (3) Paragraph 41.1(1)(c) does not apply to a person referred to in subsection (1) who manufactures a technology, device or component for the purposes of circumventing a technological protection measure that is subject to paragraph 41.1(1)(a) if the person does so for the purpose of encryption research and

    • (a) uses that technology, device or component only for that purpose; or

    • (b) provides that technology, device or component only for that purpose to another person who is collaborating with the person.

  • 2012, c. 20, s. 47.
Marginal note:Personal information
  •  (1) Paragraph 41.1(1)(a) does not apply to a person who circumvents a technological protection measure if

    • (a) the work, performer’s performance fixed in a sound recording or sound recording that is protected by the technological protection measure is not accompanied by a notice indicating that its use will permit a third party to collect and communicate personal information relating to the user or, in the case where it is accompanied by such a notice, the user is not provided with the option to prevent the collection and communication of personal information without the user’s use of it being restricted; and

    • (b) the only purpose of circumventing the technological protection measure is to verify whether it permits the collection or communication of personal information and, if it does, to prevent it.

  • Marginal note:Services, technology, device or component

    (2) Paragraphs 41.1(1)(b) and (c) do not apply to a person who offers services to the public or provides services, or manufactures, imports or provides a technology, device or component, for the purposes of circumventing a technological protection measure in accordance with subsection (1), to the extent that the services, technology, device or component do not unduly impair the technological protection measure.

  • 2012, c. 20, s. 47.