Canada removed some copyright barriers to Right to Repair. We should too.

Congress should take note and update copyright law so people can repair their own devices.

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Oh Canada. The sweet taste of maple syrup. The gladiatorial spectacle of hockey. The electric smell of repair in the air. Repair? Yes, in 2024 Canada removed some copyright barriers to Right to Repair. And we should too.

In Canada – as in the U.S. – copyright restrictions can make it illegal to bypass digital locks on devices, even if the purpose is to repair something you legally own. These restrictions also forbid the distribution of any repair tool that bypasses a similar lock — which means that the original manufacturer has total control over any repair software where a lock is involved. 

This is the reality hundreds of millions of farmers, repair shops and consumers face in today’s tech-driven world. But Canada has taken the lead by passing common sense legislation that makes digital repairs easier and more accessible. Congress should follow suit.

What are the copyright barriers to Right to Repair that Canada removed?

In November 2024, Canada passed into law two significant copyright bills. C-244 and C-294 both allow people to bypass digital locks in certain situations: the former so they can repair, maintain and diagnose their own items; and the latter so they can get different devices to work together (known as interoperability). The interoperability provision is key to allowing consumers to repair their devices using third-party parts instead of having to rely on costly parts and/or repairs from manufacturers or their authorized retailers.

These reforms are significant but continue to lack the key component of expanding access to the tools people need to unlock their devices and effectuate repairs. As Anthony D Rosborough, Assistant Professor of Law & Computer Science at Dalhousie University, put it: “Independent repair and servicing businesses need to be able to carry out their work without the fear of infringing various intellectual property rights.”

How does U.S. copyright law restrict repair?

The United States, like Canada, should be removing copyright barriers that restrict the Right to Repair.

Under current U.S. law, Section 1201 of the Digital Millennium Copyright Act (DMCA) makes it a violation to bypass digital locks (called “technological protection measures” or TPMs) on devices. The intent of the law was to protect special anti-piracy or anti-cheating functions of our products, but soon after manufacturers were granted these expanded rights, they began locking devices against repair as well. 

The U.S. Copyright Office allows for limited, temporary exemptions to these rules through a triennial review process – and this process has helped bring about a fix for the often broken McFlurry machines – but this process is imperfect for three reasons:

  1. It is slow and complicated. Each exemption must be specifically requested and justified, creating lengthy delays that force people to rely on expensive manufacturer repair services while they wait.
  2. It is temporary. The exemptions only last three years and then they must be renewed.
  3. It does not allow third parties to repair devices or provide consumers with tools to fix those devices.

For the last few years, PIRG and our allies in the Right to Repair campaign, have called for reforms that make sure repair isn’t considered a crime. The Copyright Office agrees that the DMCA should be overhauled. It released a report in 2017 recommending “adding new provisions to allow circumvention [of technological measures employed by or on behalf of copyright owners to protect access to their works] for other purposes, such as … the repair of devices.” 

The Office has also concluded that unlocking or circumventing copyright protection for the purpose of repair should not be considered a copyright infringement. In response to a question for the record submitted at a May 5, 2021 Oversight Hearing, Shira Perlmutter, Register of Copyrights and Director, U.S. Copyright Office, recommended that Congress create “a permanent statutory exemption for repair of software-enabled devices.”

What can removing copyright barriers to Right to Repair achieve in the United States?

Congress can and should update Section 1201 for the current age to make it legal for consumers to repair their own digital devices without fear of copyright infringement – and without eroding the copyright protections that prevent piracy – and to further protect interoperability. In addition, Congress should allow companies to make repair tools, even if it involves bypassing digital locks, to ensure there is competition in the marketplace and manufacturers can’t restrict repairs to be done only with the manufacturer’s proprietary tools. 

Updating the DMCA is good in and of itself because we should be able to fix the things we own. But it’s about more than that. It’s also about:

  • Helping Small Business: independent repair shops were once a fixture on main streets across America but they have disappeared as manufacturers restricted repair to their own preferred servicers. This bill would be a large step in allowing these businesses to compete on pricing and customer service with manufacturers and their authorized repair centers.
  • Economic Savings: easier access to repairs and lowered prices due to increased competition will save consumers billions in repair costs and by enabling them to keep their devices for longer.
  • Environmental Impact: with easier and cheaper repairs, fewer devices will end up in landfills, reducing electronic waste, the fastest growing and most toxic waste stream in the country.

It’s great that Canada is removing copyright barriers to Right to Repair. Along with maple syrup and hockey, it’s time to import that electric smell of repair from our neighbor to the north.

Want to learn more?

For years, consumers have been fighting for the Right to Repair their own devices – an effort backed by U.S. PIRG, farmers’ coalitions, and advocates for consumer rights. If you want to dive deeper, check out our Right to Repair campaign and our in-depth report on how repair restrictions hurt consumers and the environment and review our recent victories. You can also read more about how Section 1201 of the DMCA currently restricts repairs in this Copyright Office report.

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Isaac Bowers

Federal Legislative Director, U.S. PIRG

Isaac collaborates with advocacy staff and federal agencies, partner organizations, coalitions, Congressional staff of both parties, and other stakeholders to advance PIRG's policy goals. Isaac lives in Washington, D.C., with his spouse and two children where he enjoys hiking, biking and volunteering with neighborhood organizations.