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Canadian Panel Says Song Downloads Are Legal

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By Dennis Lloyd

Publisher, iLounge
Published: Saturday, December 13, 2003
News Categories: Digital Media

“The Canadian Copyright Board said Friday that downloading pirated music and burning it onto CDs was legal under Canadian law. Uploading songs onto file-sharing networks remains taboo. [...]

On Friday, the board said it believed the exemption applied to downloaded songs ‘as long as two conditions are met: The copy must be for the private use of the person making it, and it must be made onto an audio recording medium.’ And the board extended the exemption to some portable music players, such as Apple Computer Inc.‘s iPod.”

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Comments

1

Yes, Canada rocks.

Posted by Robin on December 13, 2003 at 9:19 AM (PDT)

2

LOL…it almost makes the levies applied to ipod’s worthwhile…

Posted by styles on December 13, 2003 at 10:15 AM (PDT)

3

I love being Canadian.

“almost makes levies… worthwhile…” -styles

Almost?!

$25 Levy…
vs.
$11000 (estimated) worth of free pirated music?

No almost about it!!!

Posted by iObsessed on December 13, 2003 at 11:15 AM (PDT)

4

a fifty-pack spindle of CDRs is 55$ after the 30$ of taxes gets thrown on top, but i rarely burn anymore, anyway.

long live canada. long live free music. hah.

Posted by aa on December 13, 2003 at 1:17 PM (PDT)

5

I believe that making music available on P2P networks will also be found to be within the letter of the law. Uploading to a centralized service would be a violation, because the user is making a copy for someone else. However, with P2P networks nothing (except for the name and location of the file, which is certainly not a violation) is uploaded at all until the person requesting the file initiates a copy. At that time the file is uploaded directly to the user, making a local copy. Because he is making a private copy for his own personal use, this is not a violation.

Further with the regards to the above statement, the Copyright Board’s decision also says that simply because a media type is not subject to the levy does not mean that it cannot legally be used to copy music. The levy is applied to media which “ordinarily” are use primarily for audio recordings. This means that the files do not have to be written to audio media (ie. CD-R, CD-RW, etc) to be considered a legal copy.

Posted by Brad on December 13, 2003 at 2:43 PM (PDT)

6

Well gosh, until the Canadian Supreme Court says otherwise, I’d ask all of my American friends to start uploading so I can legally download

Posted by Thomas Davie on December 13, 2003 at 3:43 PM (PDT)

7

That’s it!  Time to move to Canada.  I have lived long enough in the US, 17yrs, time to move back to civilization.

Posted by cashaww on December 13, 2003 at 10:07 PM (PDT)

8

Canada rules.

w00t

Posted by Peter on December 14, 2003 at 12:46 PM (PDT)

9

I wonder the Canadian recording industry is going to have to say about this?  Can’t imagine the artists themselves are too thrilled either.  This is basically saying, “Steal all the music you want!  Don’t bother compensating the artist!”

And then we wonder why music gets worse every year.  Hell, it’s hard enough to make money as a musician without a bunch of irresonpsible freeloaders robbing you blind!

Posted by Mountain Man on December 14, 2003 at 1:11 PM (PDT)

10

Explain to me the differance from recording off the radio, and recording it off a computer?  Besides the fact it is digital.

Posted by cashaww on December 14, 2003 at 3:04 PM (PDT)

11

Hi Peter, in Canada we have a levy on all blank audio media (blank CD-R, CD-RW, etc) that get’s put into a big pool that is supposed to get distributed to artists. So far (since 1999) that levy has collected over $50 million dollars… of which only about $10 million has actually been dispersed (but that’s another story).

The levy gives us the right to “private copying”. Unfortunately, nobody in Canada seems to know that they have this right as we are constantly bombarded with messages from the US about how copying music is second only to smoking marijuana as the most “evil” affliction of our society. Of course, the record labels are in absolutely no hurry to let people know… as long as we’re in the dark about our right to copy (which we pay for) then they make off like bandits… collecting when we buy music and  when we buy blank CD-Rs to save our family photos to.

You might want to read the thread here for more discussion.

Cheers!
Brad

Posted by Brad on December 14, 2003 at 3:15 PM (PDT)

12

how do the american artists feel about this? whatever country you are in, you’re still taking the music from them( don’t get me wrong, i’d love to be able to download legally!)

Posted by aswimmer94563 on December 14, 2003 at 8:43 PM (PDT)

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