Brazil legalizes bypassing DRM for fair use or public domain

The nation of Brazil has implemented a new copyright reform law to allow fair use of Digital Rights Management (DRM) on copyrighted material and works in the public domain. The much anticipated announcement comes at a time when several countries are choosing to enforce laws that favor regulators rather than consumers.

The creation of laws surrounding copyrighted materials has been on the rise recently in several countries around the world, as usage of digital content increases. Brazil’s laws are unusual, however, in that they address not only the legality of breaking DRM, but also unfair implementation by content creators or firms.

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Before Brazil’s new rules, Canada was one of the few countries whose lawmakers have ruled in favor of limiting DRM protection. However, Canada is currently working on a copyright reform bill which will make it illegal to circumvent DRM in any circumstances, including non-infringing purposes. The behavior is already illegal under the US DMCA.

Michael Geist, a Canadian Law professor, discussed Brazil’s move on his blog last week. Geist stated that the law "establishes equivalent penalties for hindering or preventing the users from exercising their fair dealing rights. In other words, the Brazilian proposals recognize what the Supreme Court of Canada stated several years ago - over-protection is just as harmful as under-protection."

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The decision by Brazil to loosen DRM laws in favor of consumers is a refreshing change, and seems to make more sense than the strict pro-DRM laws that have been enacted elsewhere. It also comes on the heels of a recent study which showed that file-sharers are actually purchasing more music, movies, and games than their law-abiding counterparts.

It’s still illegal, of course, to break DRM for the purpose of infringing content, but it’s definitely a step in a more sensible and fair direction for consumers. Let’s hope that additional countries begin to follow Brazil’s lead in this regard.

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