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Bill C-294

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-294
An Act to amend the Copyright Act (interoperability)

Reprinted as amended by the Standing Committee on Industry and Technology as a working copy for the use of the House of Commons at Report Stage and as reported to the House on March 30, 2023

Mr. Patzer

441021


SUMMARY

This enactment amends the Copyright Act to allow a person, in certain circumstances, to circumvent a technological protection measure to make a computer program or a device in which it is embedded interoperable with any other computer program, device or component.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 44th Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-294

An Act to amend the Copyright Act (interoperability)

His 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 Insertion start (1) Insertion end Subsection 41.‍12(1) of the Copyright Act is replaced by the following:

Interoperability
41.‍12(1)Paragraph 41.‍1(1)‍(a) does not apply to a person who Insertion start circumvents a technological protection measure that protects a lawfully obtained computer program for the purpose of Insertion end
  • (a)obtaining information Insertion start that would allow Insertion end the person to make the program or a device in which it is embedded interoperable with any other computer program, device or component; or

  • (b) Insertion start making the program Insertion end or a device in which it is embedded interoperable with Insertion start any other computer program, device or component Insertion end .

Start of inserted block

(2)Subsections 41.‍12(4) to (7) of the Act are replaced by the following:

End of inserted block
Sharing of information
Start of inserted block
(4)A person referred to in paragraph (1)‍(a) may communicate the information obtained under that paragraph to another person for the purposes of allowing that person to make the computer program or a device in which it is embedded interoperable with any other computer program, device or component.
End of inserted block
Limitation — technology
Start of inserted block
(5)A person to whom the technology, device or component referred to in subsection (3) is provided may use it only for the purpose of making the computer program and any other computer program interoperable.
End of inserted block
Limitation — information
Start of inserted block
(6)A person to whom the information referred to in subsection (4) is communicated may use it only for the purpose of making the computer program or a device in which it is embedded interoperable with any other computer program, device or component.
End of inserted block
Non-application
Start of inserted block
(7)A person is not entitled to benefit from the exceptions under subsection (1) or (6) if, for the purposes of making the computer program or a device in which it is embedded interoperable with any other computer program, device or component, the person does an act that constitutes an infringement of copyright.
End of inserted block
Non-application
Start of inserted block
(8)A person is not entitled to benefit from the exceptions under subsection (2), (3) or (5) if, for the purposes of making the computer program and any other computer program interoperable, the person does an act that constitutes an infringement of copyright.
End of inserted block
Non-application
Start of inserted block
(9)A person is not entitled to benefit from the exception under subsection (4) if, for the purposes of making the computer program or a device in which it is embedded interoperable with any other computer program, device or component, 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.
End of inserted block
Published under authority of the Speaker of the House of Commons

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