Public Consultation on Copyright (Excluded Works) Order

07 SEP 2020

Consultation Period:
7 September 2020 to 2 October 2020

This Public Consult has now closed

Renewal of the Copyright (Excluded Works) Order

Technological protection measures (“TPMs”) are technologies, devices, etc. which are akin to digital locks intended to restrict the access or use of copyrighted works. The Copyright Act (“CA”) prohibits users from circumventing TPMs (i.e. breaking the lock) or from selling products and services to allow others to do so. This is because TPMs often prevent copyright infringement, for example, by preventing users from making unauthorised copies of a movie, or making a permanent copy of music that is streamed from a service.

However, there may be situations in practice where TPMs restrict legitimate and non-infringing acts. For instance, a TPM which prevents users from copying text may also prevent the use of assistive technologies by users with print disabilities, even though this would otherwise be permitted under the CA. Thus, there is a list of exceptions in the CA for certain situations where circumventions of TPMs are allowed. Some of the exceptions are of a temporary nature as they apply only to works, other subject-matters or performances (or classes thereof) specified in the Copyright (Excluded Works) Order (“EWO”). The EWO is periodically reviewed to take into account the fast pace of technological change.

The current EWO 2017 will expire on 31 Dec 2020, MinLaw and IPOS would like to seek feedback on the exceptions to include in the next EWO, including whether the current exceptions in the EWO 2017 are still relevant and should be retained for the next EWO.

Public consultation on situations in which to allow circumvention of TPMs

MinLaw and IPOS are seeking views on the situations in which users should be permitted to circumvent TPMs for legitimate uses of copyrighted works. Your views are important and will help shape the outcome of this renewal exercise. The consultation period will run from Monday 7 September to Friday 2 October 2020.

Following feedback from the public, the consultation exercise will be extended by two weeks. It will now close on Friday 16 October 2020 instead. We invite all interested parties to provide responses by then.

Alternatively, if you prefer to provide detailed comments in writing, instructions for doing so may be found in Part III of the full consultation paper (link above).

Confidentiality of feedback received

MinLaw and IPOS reserve the right to make public all or parts of any written submission. Commenting parties may request for confidentiality for any part of the submission that is believed to be proprietary, confidential or commercially sensitive. Any such information should be clearly marked.

Last updated on 7 Sep 2020