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ARTICLE · 10 JUNE 2024

Fair Dealing May Override Prohibitions On Technological Protection Measure Circumvention

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Justice Roy confirms the centrality of Fair Dealing to the overall scheme of the Copyright Act, specifically in relation to the prohibitions around circumventing Technological Protection Measures...

CanadaIntellectual Property
Tamara Winegust
Tamara Winegust
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Justice Roy confirms the centrality of Fair Dealing to the overall scheme of the Copyright Act, specifically in relation to the prohibitions around circumventing Technological Protection Measures, in the first Federal Court decision to consider the intersection of these provisions. In 1395804 Ontario Ltd. (Blacklock's Reporter) v. Canada (Attorney General), 2024 FC 829 (Blacklock's 2024), the Court found, inter alia, that neither passwords nor paywalls are technological protection measures (TPMs) per se, and that the sharing by Parks Canada of licitly obtained passwords to access works behind a paywall that discussed the department, and thereafter dealing fairly with the works, did not violate the Copyright Act. The matter is part of a series of parallel cases involving the same plaintiff and different government of Canada departments. These disputes include the one underlying the earlier 2016 Federal Court decision in 1395804 Ontario Ltd. v. Canada (Attorney General)

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