Copyright Act

Marginal note:Interoperability

• 41.12 (1) Paragraph 41.1(1)(a) does not apply to a person who circumvents a technological protection measure that protects a lawfully obtained computer program for the purpose of

  • (a) obtaining information that would allow 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) making the program or a device in which it is embedded interoperable with any other computer program, device or component.

• Marginal note:Services

  (2) Paragraph 41.1(1)(b) does not apply to a person who offers services to the public or provides services for the purposes of circumventing a technological protection measure if the person does so for the purpose of making the computer program and any other computer program interoperable.

• Marginal note:Technology, device or component

  (3) Paragraph 41.1(1)(c) does not apply to a person who manufactures, imports or provides a technology, device or component for the purposes of circumventing a technological protection measure if the person does so for the purpose of making the computer program and any other computer program interoperable and

  • (a) uses that technology, device or component only for that purpose; or

  • (b) provides that technology, device or component to another person only for that purpose.

• Marginal note:Sharing of information

  (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.

• Marginal note:Limitation — technology

  (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.

• Marginal note:Limitation — information

  (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.

• Marginal note:Non-application

  (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.

• Marginal note:Non-application

  (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.

• Marginal note:Non-application

  (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.