Federal Court Allows Sharing Access To Copyrighted Services

The Federal Court (the "Court") recently considered the copyright implications of password sharing (i.e., allowing multiple users to access content or services licensed for only one user).¹ At issue was whether Parks Canada infringed copyright or violated technological protection measures ("TPM") laws by sharing a password to a subscription news website where the articles were behind a paywall. Parks Canada purchased a single subscription but shared the account's password with several individuals internally to access news articles commenting on Parks Canada.

Even though sharing account access was prohibited by the subscription's terms and conditions, the Court held that Parks Canada's internal sharing of news articles from behind the paywall was fair dealing and that use of a licitly acquired password did not constitute circumventing a TPM. However, the Court did not condone "password sharing" generally, as whether the practice is permissible as fair dealing will