Password Protected! The Federal Court Revisits TPMs

Savvy content creators and copyright owners often use technical protection measures (also known as "TPMs") to restrict what users can do with their works (often digital materials). The prohibition against circumventing TPMs is rooted in sections 41 and 41.1 of the Copyright Act, but their fit within the broader Copyright Act is the subject of ongoing debate.

Justice Roy's decision in 1395804 Ontario Ltd, operating as Blacklock's Reporter v Canada (Attorney General) provides useful judicial guidance to such questions, albeit on a less than exhaustive evidentiary record.

Parks Canada was largely successful in this action and the Court found that the Defendant's use of the copyrighted works was fair.