December 16, 2003

Can Canadians download music and burn CDs legally? There is no requirement in Part VIII ( of the Copyright Act. ) that the source copy be a non-infringing copy.  I don't think it really matters if the source of the track is a pre-owned recording, a borrowed CD, or a track downloaded from the Internet.  It is very clear that the copy must be for the private use of the person making it, and it must be made onto an audio recording medium where you have paid the levy.  So the answer, in my opinion is yes. However, no matter what we can all read on the wall, the recording industry representatives still believe downloading is illegal. So according to News.com, the final decision may be up to the courts.  10:39:33 PM

Ingram: File-sharing suits come to Canada The Globe and Mail, Canada -Taking a page from its U.S. counterpart's playbook, Canadian Recording Industry Association president Brian Robertson says the CRIA plans to start suing Canadian users of file-sharing networks. This raises similar kinds of questions as the U.S. action did -- including whether such lawsuits will help the problem or not. But there is also a uniquely Canadian question, which is: Can a legal challenge even succeed, given the significant differences between Canadian copyright law and U.S. copyright law? 10:31:15 PM