The arguments over digital music rights and file sharing still rage on, and everyone seems to be talking past each other due to different assumptions about just what rights we actually *do* have when it comes to music copying, rather than what they should be. That of course raises the question, just what *are* those current rights?
Well, in Canada anyway, the relevant legislation is part of the Copyright Act:
Copying for Private Use
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.
(2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):
(a) selling or renting out, or by way of trade exposing or offering for sale or rental;
(b) distributing, whether or not for the purpose of trade;
(c) communicating to the public by telecommunication; or
(d) performing, or causing to be performed, in public.
(found via Slashdot)
So what does this mean? Basically, if you can listen to a piece of music, you also have the right to make a copy for your own private use. For example, if you’re listening to it off the radio, recording your own copy of it is perfectly fine, as long as you keep it private. It’s this portion of it that has suddenly become relevant and caused people to start proclaiming “File sharing is legal in Canada!!!” Well, they’re *half*-right…
The downloading portion is apparently perfectly legal, as it is covered by the above legislation. What’s not so clear is whether it’s legal to have shared it in the first place. The case cited in the story above found that placing files in a shared folder did not constitute ‘distribution,’ but that sounds like a loophole and a particularly weak point of the case. This, if anything, is what will likely be challenged and potentially revised.
Assuming it does get changed, this creates the rather odd situation where downloading shared music will be perfectly legal, it’ll just be a violation to share it, versus the situation in the States where both ends of the transaction are considered a violation. Odd solutions are, however, in keeping with Canadian tradition… :-)
The other effect the above legislation has is that it clarifies just what you can do with songs that you own. Some people would argue that no, you don’t have the right to even make MP3s or to copy songs to iPods or other computers and such; copyright’s ‘fair use’ only allows single backup copies and in the States the DMCA prevents even that if it would mean circumventing copyright protection. Fortunately, since if we own the music we can always ‘broadcast’ it to ourselves, and the law lets us make additional copies with no specific restrictions on purpose or format or copy protection, again as long as it’s for our own personal use.
Sounds fair to me. Certainly better than what they’re having to put up with in the U.S. right now…