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Old 10-02-2008, 10:27 PM
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Join Date: Jan 2003
Location: Saskatoon, Canada
Legality - downloading copyrighted materials in Canada

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Just as a side note to the now closed thread, downloading copyrighted materials in Canada is legal, although uploading is not.

Thus, regardless of one's personal ethical convictions, anyone downloading music in Canada is not breaking the law.

http://grep.law.harvard.edu/articles.../1655233.shtml

Quote:
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(br> (c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied

onto 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.


The key words here are "for the private use of the person who makes the copy". This means that you may make a copy of any sound recording and use it yourself. You may copy a friend's cd, or you may download music, and listen to it yourself. All of these activities are exempted from infringement.
Personally, I find that corporate lobbying is pushing fair use to the side for the benefit of corporations over consumers. I'm actively against the Conservative government's Bill C-61 which would effectively nullify all consumer fair use rights for DRMed content.
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