Title: Section 41: Technological Protection Measures

*Updated: December 2024
Learning Objectives:

- Define “technological protection measures” as they are outlined in Canada’s Copyright Act
- Summarize the conditions under which a technological protection measure may be circumvented without penalty
- Understand the connection between section 41 of the Copyright Act and the WIPO Copyright Treaty

Why not sooner?
Successive Canadian governments attempted to implement TPM protection in the Copyright Act, but all of these attempts were unsuccessful because of elections that killed the respective bills. These bills were C-60 in 2005, C-61 in 2008, and C-32 in 2010.

Examples of TPMs that control uses of a work

Examples of TPMs for controlling use or copying of a work are:

- Software or hardware that “locks” a work so it can’t be copied or printed. There are some PDFs, including eBooks, that use this
- An encryption system that “scrambles” content so that it can’t be viewed or copied without authorization from the rights holder

Examples of TPMs that control access:

- A username and password system
- Time-based access controls: for example, when you check out certain eBooks from a library, you may only have access for a limited time, like 14 days
- Payment systems, such as those on scholarly journal sites, that require a fee or subscription to access content

Copyright Act changes re TPMs – 2024
Effective 07 Nov 2024, the definitions of circumvent and technological protection measure in s. 41 were revised to add specific reference to computer programs, s. 41.12(1) was revised to allow for making computer programs interoperable, and s. 41.121 was added to allow for diagnosis, maintenance and repair.

The Canadian Copyright Act defines a technological protection measure as “any effective technology, device or component” that:

Q: The Canadian Copyright Act defines a technological protection measure as “any effective technology, device or component” that:
- Controls access to a work or that restricts any activity that violates the rights of a copyright holder (correct)
- Is completely effective in preventing this misuse of copyright-protected materials
- Informs potential users that they are accessing copyright-protected works
- Prevents the modification of works that are both covered under copyright and in the public domain

Section 41.1 of the Copyright Act states that no person may:

Q: Section 41.1 of the Copyright Act states that no person may:
- Circumvent a TPM
- Offer a service to circumvent a TPM
- Make, import, distribute, sell or rent any technology or device primarily intended to circumvent TPMs
- All of these (correct)

Under which of the following conditions is it okay to circumvent a TPM?

Q: Under which of the following conditions is it okay to circumvent a TPM?
- When the purpose of using the material is covered under fair dealing
- When a library or archive is attempting to preserve locked content
- If you are in law enforcement, working for the purposes of national security (correct)
- If you are a news reporter and you require access to a work in order to verify the facts of your story

Controversy around TPMs in the Copyright Act often centers around the argument that:

Q: Controversy around TPMs in the Copyright Act often centers around the argument that:
- There should be exceptions to circumvention in cases where the digital lock is being bypassed for non-infringing purposes (correct)
- Anyone can get around a digital lock, so what is the point?
- TPMs mean that the rich get richer
- TPMs are really annoying

Which of the following is not one of the seven reasons you can circumvent a TPM?

Q: Which of the following is NOT one of the seven reasons you can circumvent a TPM?
- You are engaged in research related to encryption technologies
- You need to prevent software from collecting personal information
- An evil mastermind is broadcasting a hypnotic mind-control signal over the airwaves which will brainwash millions and you need to stop them, by jingo! (correct)
- You have perceptual disabilities

Canada implemented TPM protection in s. 41 of the Copyright Act in 2012 in order to comply with this international treaty:

Q: Canada implemented TPM protection in s. 41 of the Copyright Act in 2012 in order to comply with this international treaty:
- Berne Convention
- TRIPS Agreement
- WIPO Copyright Treaty (WCT) (correct)
- Treaty of Versailles
- The Nairobi Treaty

Choose the correct statement.

Credits: Section 41: Technological Protection Measures; by University of Alberta; 2019; licence CC BY 4.0