Downloading copyrighted music from peer-to-peer networks is legal in Canada, although uploading files is not. In the same decision, the Copyright Board of Canada imposed a government fee of as much as $25 on iPod-like MP3 players, putting the devices in the same category as audio tapes and blank CDs. The money collected from levies on "recording mediums" goes into a fund to pay musicians and songwriters for revenues lost from consumers' personal copying. Manufacturers are responsible for paying the fees and often pass the cost on to consumers.
The peer-to-peer component of the decision was prompted by questions from consumer and entertainment groups about ambiguous elements of Canadian law. Previously, most analysts had said uploading was illegal but that downloading for personal use might be allowed.
"As far as computer hard drives are concerned, we say that for the time being, it is still legal," said Claude Majeau, secretary general of the Copyright Board.
The decision is likely to ruffle feathers on many sides, from consumer-electronics sellers worried about declining sales to international entertainment companies worried about the spread of peer-to-peer networks.
Copyright holder groups such as the Recording Industry Association of America (RIAA) had already been critical of Canada's copyright laws, in large part because the country has not instituted provisions similar to those found in the U.S. Digital Millennium Copyright Act. One portion of that law makes it illegal to break, or to distribute tools for breaking, digital copy protection mechanisms, such as the technology used to protect DVDs from piracy.
A lawyer for the Canadian record industry's trade association said the group still believed downloading was illegal, despite the decision.
"Our position is that under Canadian law, downloading is also prohibited," said Richard Pfohl, general counsel for the Canadian Recording Industry Association. "This is the opinion of the Copyright Board, but Canadian courts will decide this issue."
In its decision Friday, the Copyright Board said uploading or distributing copyrighted works online appeared to be prohibited under current Canadian law.
However, the country's copyright law does allow making a copy for personal use and does not address the source of that copy or whether the original has to be an authorized or noninfringing version, the board said.
Under those laws, certain media are designated as appropriate for making personal copies of music, and producers pay a per-unit fee into a pool designed to compensate musicians and songwriters. Most audio tapes and CDs, and now MP3 players, are included in that category. Other mediums, such as DVDs, are not deemed appropriate for personal copying.
Computer hard drives have never been reviewed under that provision, however. In its decision Friday, the board decided to allow personal copies on a hard drive until a fee ruling is made specifically on that medium or until the courts or legislature tell regulators to rule otherwise.
2006-09-04 16:55:22
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answer #1
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answered by falzalnz 6
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Yes it is illegal.
Downloading music is a form of Copyright Infringement.
"Unauthorized use of copyrighted material in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it."
Most artists have Copyright Protection.
"Copyright laws vary from country to country but as a rule do not contravene or provide less copyright protection than the Berne Convention, provided the country in question is a member thereof. "
2006-09-04 13:18:00
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answer #2
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answered by iluv2mwah 2
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I know it was legal in Canada after the states made it illegal but i am not sure if it still is
2006-09-04 13:14:18
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answer #3
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answered by Bullz_ eye 6
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it a little different
I believe sharing files between two people is alright, you just can't sell it and it has to be for private use
I think people are trying to change that though
2006-09-04 13:13:11
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answer #4
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answered by Karce 4
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Copyright infringement is worldwide. So yes, it is. Of course, mounties on horseback will have a tough time catching you.
2006-09-04 13:12:14
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answer #5
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answered by Jay 3
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Depends on if it is "ripped/illeagal" music or not. Ripped/illegal music is illeagal everywhere.
2006-09-04 13:10:21
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answer #6
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answered by ○Freeman○ 6
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yes
2006-09-04 13:11:45
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answer #7
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answered by WhiteHat 6
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