Skip to Content

61 Reforms to C-61, Day 20: TPMs - No Exception for Teaching

Friday July 18, 2008

The "copyright balance" is a challenge that every country faces, yet the choices that each makes says a lot about which concerns are prioritized.  Bill C-61 says virtually nothing about the prospect that teachers may find themselves locked out of materials that they need for the classroom, a position that sends an unfortunate signal about where education ranks as a governmental priority.  The impact of anti-circumvention legislation has attracted significant criticism from some teachers groups, including the Canadian Association of University Teachers (Executive Director Jim Turk noted that "in prohibiting all circumvention, the proposed legislation will lock down a vast amount of digital material, preventing its use for research, education and innovation") and the Film Studies Association of Canada.

Other countries have pursued a different approach with respect to teaching and anti-circumvention legislation.

For example, Article 166c of Slovenia's copyright law establishes the following limitation on the legal protection of TPMs: 

The right holder who uses technological measures pursuant to this Act, shall make available to the persons having legal access to the subject matter of rights, at their request and without delay, appropriate means on the basis of which they can enforce the limitations to copyright and related rights listed in paragraph 3.

Paragraph 3 includes use for the purposes of teaching.  In other words, in the interest of maintaining a copyright balance, Slovenia recognizes the need to ensure that teachers are not locked out digital materials by requiring those that use TPMs to provide the tools need to ensure that user rights are not undermined.  Supporters of Bill C-61 such as Industry Minister Jim Prentice cannot make the same claim.

Add Comment (9) Tags (14)