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Bill C-244

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First Session, Forty-fourth Parliament,
70-71 Elizabeth II, 2021-2022
HOUSE OF COMMONS OF CANADA
BILL C-244
An Act to amend the Copyright Act (diagnosis, maintenance and repair)
FIRST READING, February 8, 2022
Mr. Miao
441129


SUMMARY

This enactment amends the Copyright Act in order to allow the circumvention of a technological protection measure in a computer program if the circumvention is solely for the purpose of the diagnosis, maintenance or repair of a product in which the program is embedded. It also allows the manufacture, importation, distribution, sale, renting and provision of technologies, devices or components used for the diagnosis, maintenance or repair of such products.
Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 44th Parliament,
70-71 Elizabeth II, 2021-2022
HOUSE OF COMMONS OF CANADA
BILL C-244
An Act to amend the Copyright Act (diagnosis, maintenance and repair)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.‍S.‍, c. C-42

Copyright Act

1(1)Paragraph (a) of the definition circumvent in section 41 of the Copyright Act is replaced by the following:
(a)in respect of a technological protection measure within the meaning of paragraph (a) of the definition technological protection measure, to descramble a scrambled work Insertion start or computer program Insertion end , or decrypt an encrypted work Insertion start or computer program Insertion end or to otherwise avoid, bypass, remove, deactivate or impair the technological protection measure, unless it is done with the authority of the copyright owner; and
(2)Paragraph (a) of the definition technological protection measure in section 41 of the Act is replaced by the following:
(a)controls access to a work, Insertion start including a computer program Insertion end , to a performer’s performance fixed in a sound recording or to a sound recording and whose use is authorized by the copyright owner;
2The Act is amended by adding the following after section 41.‍12:
Embedded computer programs
Start of inserted block
41.‍121(1)Paragraph 41.‍1(1)‍(a) does not apply to a person who circumvents a technological protection measure that controls access to a computer program if the person does so for the sole purpose of diagnosing, maintaining or repairing a product in which the computer program is embedded.
End of inserted block
Technology, device or component
Start of inserted block
(2)Paragraph 41.‍1(1)‍(c) does not apply to a person who manufactures, imports or provides a technology, device or component for the purposes of circumventing a technological protection measure that controls access to a computer program if the person does so for the purpose of diagnosing, maintaining or repairing a product in which the program is embedded and
(a)uses that technology, device or component only for that purpose; or
(b)provides that technology, device or component to another person solely for that purpose.
End of inserted block
Published under authority of the Speaker of the House of Commons

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