On May 31st, 2023, Bill C-244, An Act to amend the Copyright Act (diagnosis, maintenance and repair) passed its second reading in the House of Commons with unanimous support. Bill C-244 proposes to amend the Copyright Act to permit the circumvention of technological protection measures (TPMs) for the limited purposes of repair, maintenance, and related diagnosis.
Bill C-244 is intended to promote environmentally sustainable consumerism and empower consumers to repair and maintain products without restrictions imposed by the manufacturer. The bill was introduced on the heels of similar “right to repair” legislation proposed in other jurisdictions, such as the Freedom to Repair Act in the United States.
TPMs are used to control access to copyright-protected works, such as software, and prevent unauthorized access or reproduction of the work. Since coming into force in 2012, section 41.1 of the Copyright Act has prohibited the unauthorized circumvention of TPMs. As a result, users are often required to go to technicians licensed by the manufacturer when TPM-protected products and equipment need repair.
If passed, Bill C-244 will create an exemption to section 41.1 where an individual circumvents a TPM for the purpose of maintaining or repairing a product or performing any related diagnosis.
If passed into law, Bill C-244 stands to impact manufacturers in the agriculture, automobiles, and consumer electronics industries, who rely on TPM-protected software to control their products. Manufacturers of agricultural technology have voiced concerns that the amendments will not only enable repairs by third parties but may lead to the unauthorized modification of their product’s software, including the overriding of important safety or emissions management features.
However, the legislation is intended to allow third-party technicians to perform necessary repairs while maintaining other protections provided by the Copyright Act. Bill C-244 would only create an exemption for those who circumvent a TPM for the sole purpose of diagnosing, maintaining, or repairing a product. The proposed amendment also specifies that an individual is not entitled to the exemption if they carry out an act that constitutes an infringement of copyright.
As Bill C-244 may evolve as it moves through Parliament. Seastone IP will continue to monitor the bill as it progresses.