Canadian copyright law has evolved with significant decisions in the past year, and a review of cases suggest that: • linking to the original suggests location of content is a key to qualify for the information location tool exemption, and as a result, the exemption appears unlikely to extend to many content aggregators (vs. traditional search engines); • Canadian law will take a broad and purposive approach to the technological protection measure (TPM) provisions, and strong remedies will be available against those that circumvent TPMs. Statutory damages for circumvention will be calculated on the basis of how many works could be unlocked, and proof of actual infringement is not required;

You can read the full article by Jill Jarvis-Tonus, Catherine Lovrics, and Max Rothschild from Bereskin & Parr LLP free of charge by following this link.