What are the Canadian legal issues with playing copyrighted music on a podcast?

Answer 1

There is not yet any tested case law in this regard. The CRTC has given a green light to internet radio and is not regulating it as a "broadcast.". Internet podcasts do not qualify as "broadcasting" under Canadian law, so for the time being, you CAN include copyrighted material - however I reiterate that the issue has not YET been tested in court, so there is a chance a copyright holder could take you to court as a test case. Podcasting is file sharing which is legal in Canada!

Happy podcasting!

Answer 2

Here's what the CIPO has to say:

"Copyright is the exclusive right to copy a creative work or allow someone else to do so. It includes the sole right to publish, produce or reproduce, to perform in public, to communicate a work to the public by telecommunication, to translate a work, and in some cases, to rent the work."

"Examples of infringement

Infringement:

reprinting an article without the copyright owner's permission;

playing records at a dance without the copyright owners' permission;

giving a public performance of a play without permission;

photocopying articles for a class of students without permission; and

taping your favourite band at a music concert without permission.

Not infringement:

quoting a few lines of the article in a research paper (fair dealing);

playing records at home;

giving a public performance of a play by Shakespeare (no copyright exists/public domain);

obtaining permission from the author and paying a fee to him or her (if requested) in order to use an article; and

borrowing a musical tape from a friend to copy onto a blank tape for private use (a royalty payment to the owner of the song rights has been paid when the blank tape was purchased)."

Hope that helps!