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Just a reminder: It's legal to copy music for private use in Canada.

by on 05-27-2010 12:23 PM

Copyright legislation is about to hit Ottawa... again. Despite the massive public outcry last time, the government is intent on enacting incredibly restrictive laws that will damage how you use your electronics. Get the facts, contact your MP, and don't let them.

The Canadian Copyright Act, Part VII, Section 80 (Copying for Private Use) reads: " 80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of(a) a musical work embodied in a sound recording,(b) a performer’s performance of a musical work embodied in a sound recording, or(c) a sound recording in which a musical work, or a performer’s performance of a musical work, is embodiedonto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer’s performance or the sound recording."

It's also been judged that P2P downloading is legal in Canada . Keep both of these facts in mind when you hear reports to the contrary over the next few weeks.

Let's be frank: Piracy sucks. If you're downloading something from the Internet without compensating the creators, that's a jerk move. But the answer isn't draconian US-style copyright laws.

Where are our on-demand streaming services? Why is it such a hassle (or impossible) to move my digital copies of my Blu-ray discs to both my iPod and my PSP? Why would I bother with retail products that restrict me when the digital versions that you can download off the net work with everything? These are the questions the industry should be asking itself - not "why can I sue the 13 year old who downloaded the copy of our latest blockbuster without paying for it". Make it economical and convenient for Canadians to consume, and consume they shall.

The government and the entertainment industry are both heading down a path of self-destruction with the intent of limiting your freedom to enjoy your media where you want. If you like doing cool stuff like streaming movies around your house or downloading them to your phone or portable gaming system, you'd better listen up, pay attention, and do something about it.

We get one crack at this, folks. If we fail we only have ourselves to blame. Finally: please, pay for the stuff you enjoy. Seriously.

--thank you to burtonmkz on reddit.com/r/canada for the links and the inspiration for this post.

Comments
by lorax1284 on 05-27-2010 01:57 PM

One thing the copyright law doesn't seem to mention is that the copier / user of the copied work should have a 'license' to use the content... that is, if I OWN the CD, or have proof of payment for a downloaded audio track, THEN I have the legal right to, say, rip the track from CD to MP3.

The wording of the law above doesn't seem to mention that at all... that is, it says "so long as I don't sell it, I can copy ANYTHING. So, legally, ALL canadians could copy ONE CD and not resell or share that copy.

I think the law DOES need to be tightened up in that regard, because while I will fight to the 'death' for the right to make copies of CDs I own i.e. mixed discs, or rip to MP3, why should it be "legal" for me to loan my CDs to any number of people and THEY make copies of it for "personal use"? The fact is the law places NO RESTRICTIONS on copying for private use... unless there's a clause in the law that you didn't quote in the post, above.

by on 05-27-2010 04:01 PM

There are additional clauses at the link, and it is for personal use of the original owner only, but you're right that clarity is needed.

What is not needed is a prohibition against breaking digital locks; the idea that my hardware may one day die leaving me with useless software is infuriating. A Canadian DMCA isn't good for anyone, including the industry that so desperately craves it.

by on 05-27-2010 04:18 PM

Good comments, guys. Solutions to this issue would've been discovered sooner had the music industry not lost its collective mind years ago by targeting youngsters and single moms with horrific lawsuits.

The truth is, people will be willing to pay for content, so long as the quality is high, the price is right and there aren't too many restrictions over where and when said content can be played. This is why I hated the iTunes Store in the dark DRM days. Once Apple lifted it, I started buying music a lot more on there. The tracks are great quality (for me, anyway), and it's easy to play them on more than just an iPod or iPhone.

If they can lift DRM from all the shows and movies they sell in the iTunes Store, I would be far more interested in purchasing more on there. It would be a lot more convenient for me, personally, especially when I compare it to borrowing and ripping DVDs from friends or trying to do the same with Blu-ray discs.

What freaks out the top dogs in the entertainment business is that they have less control over the distribution of their content in the digital age. I'd much rather buy music directly from a band (i.e. Radiohead), for example. In the end, if I choose to copy that album to five or even 10 different devices, that should be my prerogative.

Just throwing out my two cents...

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