XPost: alt.internet.hispeed, can.general
From: rob.mcintyreNOSPAMPLEASE@sympatico.ca
"Music Man" wrote in message
news:42EAF01A.9FF2952B@Man.com...
>
> Section of 80 of Canada's Copyright Act states in no uncertain terms
> that copying for private use, such as from CD to iPod, is NOT an
> infringement.
>
> 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 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 latest rulings have found that iPods and similar devices are not subject
to the levy because they aren't "audio recording mediums" but "devices" onto
which music can be placed.
Technically, only a small portion of these devices are audio recording
mediums anyway ; The hard drive disc and/or memory chip/stick and or smart
media disc. The extra electronics aren't. I also argued that they couldn't
possibly levy something that could be used to store legally obtained
material in my statement to the Copyright Board, including legal downloads
and material whose author and copyright owner is the owner of the device
(photographs, videos, text documents, etc).
--
-------------------------------------------------
Rob McIntyre (Ottawa,Canada)
http://www.buymusic.ca / http://www.stopspamhere.ca
-------------------------------------------------
--- SoupGate-Win32 v1.05
* Origin: you cannot sedate... all the things you hate (1:229/2)
|
