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Copyright Act

Version of section 41 from 2012-11-07 to 2022-11-16:


Marginal note:Definitions

 The following definitions apply in this section and in sections 41.1 to 41.21.

circumvent

circumvent means,

  • (a) in respect of a technological protection measure within the meaning of paragraph (a) of the definition technological protection measure, to descramble a scrambled work or decrypt an encrypted work or to otherwise avoid, bypass, remove, deactivate or impair the technological protection measure, unless it is done with the authority of the copyright owner; and

  • (b) in respect of a technological protection measure within the meaning of paragraph (b) of the definition technological protection measure, to avoid, bypass, remove, deactivate or impair the technological protection measure. (contourner)

technological protection measure

technological protection measure means any effective technology, device or component that, in the ordinary course of its operation,

  • (a) controls access to a work, to a performer’s performance fixed in a sound recording or to a sound recording and whose use is authorized by the copyright owner; or

  • (b) restricts the doing — with respect to a work, to a performer’s performance fixed in a sound recording or to a sound recording — of any act referred to in section 3, 15 or 18 and any act for which remuneration is payable under section 19. (mesure technique de protection)

  • R.S., 1985, c. C-42, s. 41
  • R.S., 1985, c. 10 (4th Supp.), s. 9
  • 1997, c. 24, s. 22
  • 2012, c. 20, s. 47
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