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 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 diagnosis, maintenance or repair of such products.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

• (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

• (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;

Embedded computer programs

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.

Technology, device or component

(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.

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