Technological Protection Measures (TPMs)
See related topic - Digital Rights Management (DRM).
Technological Protection Measures (TPM) are any technological devices or tools that prevents unauthorised or illegal access to, or copying or reproduction of, copyright materials. There are two categories of TPM - access control and copy control. Access control TPMs prevent unauthorised access to material while copy control TPMs prevent unauthorised copying. Access is restricted through use of passwords and/or encryption. The Copyright Act does not include regional coding on DVDs or computer programs in its definition of an access control TPM. TPMs are mostly used in material such as sound recordings, films and computer software, as well as electronic artistic and literary works (e-books).
Like Digital Rights Management (DRM), TPMs are controversial. Copyright owners support the use of TPMs as they prevent users from illegally copying their works and infringing their copyright. Users of copyright material believe that although TPMs prevent infringing uses of copyright material, they can also prevent legitimate uses of copyright material under certain provisions such as the Statutory Licences for educational purposes, Fair Dealing and Personal Use.
A well-known example of TPM is the Sony RootKit which was included on Sony audio CDs and design to prevent music on the CD being transferred to a computer and then burned to another CD. However, this TPM installed a Rootkit which left the user's computer vulnerable to attacks by malware or spyware. The users was usually unaware of that the Rootkit had been installed and therefore their machine was vulnerable. Legal action was taken against Sony and they recalled all the CDs that included the Rootkit. See Wikipedia article 2005 Sony BMG CD copy protection scandal.
Under the Copyright Act it is not permitted to use, manufacture, import, supply or communicate devices to circumvent access control TPMs and allow unauthorised access or copying. Legal action may be taken against anyone who deliberately or knowingly uses a device to circumvent, manufacture or supply such a device or provide a service circumventing TPMs. It is not permitted to circumvent a TPM to copy or access material under the Fair Dealing or Personal Use provisions. There are some limited exceptions under certain circumstances:
-
Educational Purposes - you may circumvent a TPM if you wish to exercise any of the rights permitted under the Statutory Licence (Part VB), e.g. copy a 'reasonable portion' of a work for educational purposes. If you wish to copy recorded music for educational purposes under the Music Licence but are prevented from doing so by a TPM, please contact the Copyright Office, as we may be able to provide another copy without the TPM.
-
Assisting Persons with Print or Intellectual Disabilities - a TPM can be circumvented for the purpose of reproducing or communicating material to assist people with print or intellectual disabilities.
-
Libraries and Educational Institutions - Libraries and educational institutions are permitted to circumvent TPMs for the sole purpose of making an acquisition decision regarding a work. This exception does not apply if the TPM is being circumvented for additional purposes other than making an acquisition decision or if the work is available elsewhere without needing to circumvent the TPM.
-
Interoperability - it is permitted to circumvent a TPM on a legally obtained, non-infringing copy of a computer program for the sole purpose of achieving inter-operability between computer programs, so long as the copyright in the computer program is not infringed. This exception does not apply if the TPM is being circumvented for additional purposes other than achieving inter-operability or if the work is available elsewhere without needing to circumvent the TPM.
-
Encryption Research - a person enrolled in a course of study at an educational institution, or who is employed, trained or experienced in the field of encryption research, may circumvent a TPM on a legally-obtained, non-infringing copy of a work for the sole purpose of identifying and analysing flaws and vulnerabilities of encryption technology, so long as copyright or the work or any other subject matter is not infringed, with the copyright owner's permission. The TPM may be circumvented if copyright owner cannot be located or identified or there has been no response from the copyright owner but reasonable efforts have been made to obtain permission. If permission has been refused by the copyright owner then this exception will not apply. This exception also does not apply if the TPM is being circumvented for additional purposes other than encryption research or if the work is available elsewhere without needing to circumvent the TPM.
-
Computer Security Testing - there is an exception that permits a TPM in a legally-obtained non-infringing copy of a computer program to be circumvented for the sole purpose of testing, investigating or correcting the security of a computer, system or network so long as the copyright in the computer program is not infringed. Permission is required from the owner of the computer, system or network. This exception does not apply if the TPM is being circumvented for additional purposes other than testing computer security.
-
Online Privacy - a TPM may be circumvented to protect the online privacy of a person. The TPM can be circumvented for the sole purpose of identifying and disabling an undisclosed capability to collect or disseminate personal identifying information about a person's online activities, so long as copyright or the work or any other subject matter is not infringed. If the TPM is circumvented it must affect the ability to gain access to any work or subject matter.
-
Permission from Copyright Owner - you may circumvent any TPM in any copyright material for any purpose if you have permission for that purpose from the copyright owner of the work.
These exceptions permit the circumventing of a TPM but they do not cover the manufacture or supply of a device for circumventing a TPM. For example, while it is permitted that a TPM might be circumvented by an educational institution to provide access to material for educational purposes under the Statutory Licence, the exception would not cover the manufacture or a supply of a device by an educational institution to circumvent a TPM to provide access to material for educational purposes under the Statutory Licence.
For additional information about or for assistance with TPMs, contact the Copyright Office.