Title: Technological Protection Measures (Digital Locks)

*Updated: December 2024

Learning Objectives

- Define the scope and provide examples of “technological protection measures” (TPMs) as they are defined in Canada’s Copyright Act
- Understand how the Copyright Act protects TPMs from circumvention

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.

Copyright Act changes related to the right to repair – 2024
Section 41.121: Diagnosis, maintenance and repair was added to the Copyright Act effective 07 Nov 2024. This exception allows a person to circumvent a TPM "...for the sole purpose of maintaining or repairing a product, including any related diagnosing..." without infringing copyright.

The following articles discuss related issues and reasons why many considered it important for the Copyright Act to include an exception related to the right to repair.

- When will Canadians have the right to repair? (2020)
- When Did We Lose The Right To Repair The Stuff We Buy? (2019)

Canada’s Copyright Act defines technological protection measures, or TPMs, as “any effective ________, ________, or ________” intended to control access to a work. Drag and drop the 3 correct answers into the boxes below.

- Technology
- Device
- Component
- Wall
- Riddle
- Force field
- Nuisance
Q: one
A: Technology; Device; Component
Q: two
A: Technology; Device; Component
Q: three
A: Technology; Device; Component

An example of a technological protection measure might be any of the following except:

Q: An example of a technological protection measure might be any of the following except:
- A paywall
- A username and password system
- An encryption system
- A bodyguard (correct)

Users risk violating the Copyright Act by:

Q: Users risk violating the Copyright Act by:
- Circumventing any technological protection measure to gain access to copyright-protected material, whether or not they copy it (correct)
- Looking for any technological protection measures that control access to a work
- Revealing the presence of a technological protection measure that controls the use of a work
- Yelling at kids to get off their lawn

Users may rely on fair dealing as a valid defence to bypass or break a digital lock on copyright-protected material.

Q: Users may rely on fair dealing as a valid defence to bypass or break a digital lock on copyright-protected material.
A: false

Choose the correct statement.

Credits: Technological Protection Measures (Digital Locks); by University of Alberta; 2020; licence CC BY 4.0