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ARTICLE · 14 NOVEMBER 2012

Copyright Modernization Act Enters Into Force - TPMs, ISP Liability And More

The majority of the provisions of Canada’s Copyright Modernization Act (the "CMA") entered into force today, November 7.

CanadaPrivacy

The majority of the provisions of Canada's Copyright Modernization Act (the "CMA")  entered into force today, November 7.  Let's take a look at three issues related to "data governance":  Technological Protection Measures (TPMs), ISP liability, and private copying.

TPMs

TPMs, or "digital locks", are technologies, devices or components that provide protection  or copyright materials through either access control or copy control.  Three types of protection for TPMs are introduced under the CMA, prohibiting:

  • circumvention of access‐control TPMs;
  • offering circumvention services to the public; and
  • manufacturing, importing, distributing, selling, renting or providing devices, technologies or components whose primary purpose is circumvention.

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