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Bill C-32: Legal Protection for TPMs
barry b. sookman
bsookman@mccarthy.ca416-601-7949
9887585
Insight Conference: RIGHTS and COPYRIGHTBringing Canada into the 21st Century
December 8, 2010
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¬Does Bill C-32 properly implement the WIPO Treaties consistent withapproaches used by Canada¶s trading partners?¬Does Bill C-32 permit circumvention of TPMs to permit copying for fair dealing,educational and other purposes?¬Does Bill C-32 have a flexible framework to permit new exceptions to be madeby regulation?¬Can the WIPO Treaties be implemented by limiting protection to circumventionfor the purposes of infringement?¬Should circumvention of TPMs for private copying purposes be permitted?¬Are private copying exceptions ³user rights´ that trump legal protection for TPMs?¬Do other jurisdictions permit an exception for private copying to trump TPMs?¬Would an exception for private copying that permits circumventing TPMs violatethe Berne Three Step Test?¬Can the WIPO Treaties be complied with by permitting circumvention of TPMsfor private copying?¬Does Canada have any trading partners that have private copying, no levy, andpermit circumventing a TPM for private copying?
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oes Bill C-32 properly implement theWIPO Treaties consistent with approachesused by Canada¶s trading partners?
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