Everay
2004-01-07, 06:25 AM
http://www.smart-biggar.ca/SB/
On December 12, 2003, the Copyright Board of Canada handed down a very significant decision on the controversial topic of the legality of downloading and uploading music from the Internet in Canada. In its decision, the Board noted that the Copyright Act expressly permits the copying of music for private use, and that the levies paid by Canadians on audio recording media already compensate artists for this right.
The Board went on to state that the source of the copied material is irrelevant - it is legal to copy music for private use �whether the source of the track is a pre-owned recording, a borrowed CD, or a track downloaded from the Internet.� However, the Board also held that there is no similar right to upload music or share files online and that these activities are still prohibited by the Canadian Copyright Act.
The Board also imposed a new levy on media in digital audio recorders like portable MP3 players. However, the levy was only set for those recorders that have permanently built-in recording media, like internal hard drives. No levy was set on the removable media that is used in many other types of recorders because these forms of media are also used in many other devices.
No levy was sought on the storage media in personal computers, but the Board noted that �[h]ard disks in personal computers are technically indistinguishable from those in some digital audio recorders.� If in the future the Board is asked to and does impose a levy on computer hard drives, this would significantly increase the ambit of the levy scheme. In the face of this potential development, as noted by the Board, further action by the government may be appropriate.
It should also be noted that while the levies set down by the Board are now firmly in place, the Board�s comments regarding the legality of internet downloading have yet to be endorsed by the Canadian Courts, who are the ultimate authorities on the meaning of the provisions of the Copyright Act, including the provision relied upon by the Copyright Board in its decision. Therefore, while the statements of the Board are not binding in any future judicial determination that may take place, they are certain to have persuasive effect. The Canadian Recording Industry Association, which has recently threatened legal action against individual file sharers in Canada, will likely need to consider the implications of this important Copyright Board decision before formulating any litigation strategy.
what i wanna know, and i seriously dought, is, does americas copyright laws say the same thing?
On December 12, 2003, the Copyright Board of Canada handed down a very significant decision on the controversial topic of the legality of downloading and uploading music from the Internet in Canada. In its decision, the Board noted that the Copyright Act expressly permits the copying of music for private use, and that the levies paid by Canadians on audio recording media already compensate artists for this right.
The Board went on to state that the source of the copied material is irrelevant - it is legal to copy music for private use �whether the source of the track is a pre-owned recording, a borrowed CD, or a track downloaded from the Internet.� However, the Board also held that there is no similar right to upload music or share files online and that these activities are still prohibited by the Canadian Copyright Act.
The Board also imposed a new levy on media in digital audio recorders like portable MP3 players. However, the levy was only set for those recorders that have permanently built-in recording media, like internal hard drives. No levy was set on the removable media that is used in many other types of recorders because these forms of media are also used in many other devices.
No levy was sought on the storage media in personal computers, but the Board noted that �[h]ard disks in personal computers are technically indistinguishable from those in some digital audio recorders.� If in the future the Board is asked to and does impose a levy on computer hard drives, this would significantly increase the ambit of the levy scheme. In the face of this potential development, as noted by the Board, further action by the government may be appropriate.
It should also be noted that while the levies set down by the Board are now firmly in place, the Board�s comments regarding the legality of internet downloading have yet to be endorsed by the Canadian Courts, who are the ultimate authorities on the meaning of the provisions of the Copyright Act, including the provision relied upon by the Copyright Board in its decision. Therefore, while the statements of the Board are not binding in any future judicial determination that may take place, they are certain to have persuasive effect. The Canadian Recording Industry Association, which has recently threatened legal action against individual file sharers in Canada, will likely need to consider the implications of this important Copyright Board decision before formulating any litigation strategy.
what i wanna know, and i seriously dought, is, does americas copyright laws say the same thing?