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As for legality, that one is open for interpretation. Ethical or otherwise...

The courts in Canada have deemed that the Canadian Recording Industry has given tacit approval of music sharing by virtue of the "levy" or "tax" that is placed on every piece of recordable media bought. When you buy anything from a Cassette tape to blank CD's or DVD's a portion of the money that you pay is given to the recording industry and is dispersed to the artists.

File Sharing Legal in Canada

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Guest rattler
As for legality, that one is open for interpretation. Ethical or otherwise...

The courts in Canada have deemed that the Canadian Recording Industry has given tacit approval of music sharing by virtue of the "levy" or "tax" that is placed on every piece of recordable media bought. When you buy anything from a Cassette tape to blank CD's or DVD's a portion of the money that you pay is given to the recording industry and is dispersed to the artists.

File Sharing Legal in Canada

Looks like that will change.

FOR: INDUSTRY CANADA

AND GOVERNMENT OF CANADA

JUNE 20, 2005 - 15:59 ET

Government of Canada Introduces Bill to Amend the

Copyright Act

OTTAWA, ONTARIO--(CCNMatthews - June 20, 2005) - Minister of Canadian

Heritage and Minister responsible for Status of Women Liza Frulla and

Minister of Industry David L. Emerson today announced that the

Government of Canada has introduced a bill to amend the Copyright Act.

The bill, which enacts the amendments identified in the Government

Statement on Proposals for Copyright Reform, originally tabled on March

24, 2005, fulfills the Government's commitment to address short-term

copyright reform issues and to update the Copyright Act to meet the

challenges and opportunities of the Internet.

"Canada's ability to foster an innovative economy depends on the

creation, dissemination and commercialization of ideas. Innovators are

rewarded, research is facilitated, and the use of technology is

enhanced," said Minister Emerson. "I believe this bill will provide

creators, intermediaries, and users of copyright material with the

certainty and clarity that will allow them to take full advantage of the

opportunities of the Internet."

"We are very pleased to fulfill our commitment to table this

legislation, which builds on the current copyright framework for the

21st century," said Minister Frulla. "These amendments strengthen our

creators and cultural industries against the unauthorized use of their

works on the Internet. This legislation strikes a balance to serve both

our artists and users."

The legislation is intended to implement the provisions of the 1996

World Intellectual Property Organization (WIPO) Treaties, clarify

liability for Internet service providers, facilitate the use of new

technologies for educational and research purposes, and harmonize the

treatment of photographers with that of other creators.

Additional issues of concern in copyright law do remain, including the

educational use of publicly available Internet material and private

copying. The Government remains committed to opening consultations on

these issues for additional public input and consideration as soon as

possible.

A backgrounder with highlights of the proposed legislation is attached.

A series of frequently asked questions is available on the Internet at

the following addresses: www.canadianheritage.gc.ca;

http://strategis.ic.gc.ca/epic/internet/in...h_rp01132e.html

; and

http://strategis.ic.gc.ca/epic/internet/in.../h_ip00002e.htm

l

Backgrounder

The Copyright Act is an important marketplace framework law and cultural

policy instrument that supports creativity and innovation. It strives to

maintain an appropriate balance among copyright owners, intermediaries

and users. Since the last major amendments to the Copyright Act in 1997,

Canadians' use of the Internet has increased dramatically. The

Government of Canada is updating the Copyright Act to ensure Canada has

a copyright framework that enables copyright stakeholders to address the

challenges and opportunities of the Internet.

As part of the 1997 amendments to the Copyright Act, section 92 called

for a comprehensive review of the Act within five years. Accordingly, in

October 2002, a report entitled Supporting Culture and Innovation:

Report on the Provisions and Operation of the Copyright Act (the Section

92 report) was tabled in Parliament. Extensive public consultations were

then undertaken by the Standing Committee on Canadian Heritage. On May

12, 2004, the Committee issued its Interim Report on Copyright Reform

and re-adopted it on November 4, 2004. On March 24, 2005, the Ministers

of Industry and Canadian Heritage tabled the Government's response to

the Standing Committee on Canadian Heritage, including the Government

Statement on Proposals for Copyright Reform. The Statement signalled the

Government's intention to introduce this Bill later on in the spring.

Highlights of the Bill include:

WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) TREATIES ISSUES

Bill C- 60 amends the Copyright Act to implement the copyright

protections required by two World Intellectual Property Organization

(WIPO) treaties: the WIPO Copyright Treaty (WCT) and the WIPO

Performances and Phonograms Treaty (WPPT). Amendments in this regard

are as follows:

/T/

- the existing exclusive communication right of authors are

clarified to include control over the making available of their

material on the Internet;

- sound recording makers and performers are provided the

right to control the making available of their sound

recordings and performances on the Internet;

- the circumvention for infringing purposes of technological

measures (TMs) applied to copyright material constitutes an

infringement of copyright;

- the alteration or removal of rights management information (RMI)

embedded in copyright material, when done to further or conceal

infringement, constitutes an infringement of copyright;

- rights holders are provided with the ability to control the first

distribution of their material in tangible form;

- the term of protection in photographs will always be the life

of the photographer plus 50 years;

- a full reproduction right for performers in sound recordings is

introduced;

- the term of protection provided to sound recording makers in

respect of their sound recordings is modified so as to extend

to 50 years from the publication of the sound recording (the term

of protection provided to performers in respect of their recorded

performances is modified in consequence); and

- performers are provided with moral rights in their fixed and

live performances.

INTERNET SERVICE PROVIDER (ISP) LIABILITY

- ISPs are exempt from copyright liability in relation to their

activities when they are acting merely as intermediaries.

- A "notice and notice" regime in relation to the hosting and

file-sharing activities of an ISP's subscribers is provided.

When an ISP receives notice from a rights holder that one of

its subscribers is allegedly hosting or sharing infringing

material, the ISP is required to forward the notice to the

subscriber, and to keep a record of relevant information for a

specified time.

EDUCATIONAL AND RESEARCH ACCESS ISSUES

- The current exception that permits the performance or display

of copyright material for educational purposes within the

classroom is modified to enable students in remote locations to

view a lecture using network technology, either live or at a more

convenient time.

- Material that may be photocopied and provided to students pursuant

to an educational institution's blanket licence with a collective

society is permitted to be delivered to the students electronically

without additional copyright liability. Provisions in this regard

apply until such time as the collective societies' blanket

licenses authorize such electronic delivery.

- In the above instances, educational institutions are required to

adopt safeguards to prevent misuse of the copyright material.

- The electronic interlibrary desktop delivery of certain copyright

material, notably academic articles, directly to library patrons

is permitted, provided effective safeguards are in place to prevent

misuse of the material.

PHOTOGRAPHY ISSUES

- Treatment of photographers is harmonized with other creators with

respect to authorship and copyright ownership. At the same time,

the interests of consumers in the use of photographs commissioned

for domestic purposes is protected.

EDUCATIONAL USE OF INTERNET MATERIAL

- The Government will initiate a public consultation process on

the issue of the educational use of publicly available Internet

material as soon as possible.

PRIVATE COPYING AND OTHER MEDIUM-TERM ISSUES

- The Government will continue to work on other copyright matters

as part of its ongoing process of updating the Copyright Act,

and work on other medium-term issues, including the matter of

reproductions made by broadcasters, will also intensify.

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