Canadian Private Copying Collective
Today is Monday December 23, 2024 in Canada. This is the day that the Lord has made; we will rejoice and be glad in it. (Psalm 118:24) David Spencer's Media Spin Canada provides information on:
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What is Private Copying?Private copying is the subject of Part VIII of Canada's Copyright Act. It has a very specific, and limited, meaning. A "private copy" is a copy of a track, or a substantial part of a track, of recorded music that is made by an individual for his or her own personal use. A compilation of favorite tracks is a good example of how people typically use private copies. In contrast, a copy made for someone else or for any purpose other than the copier's own use is not a private copy. Nor is a copy of anything other than recorded music. And private copying is not an example of "fair dealing", a very different legal concept. In Canada, private copying is legal and does not infringe copyright. It is because, in exchange, copyright holders in recorded music have a right to receive compensation in the form of royalties for private copying.
Private Copying and CopyrightPrivate copying is the subject of Part VIII of Canada's Copyright Act, the federal statute that sets down the general legal framework for copyright in Canada. Copyright is the legal mechanism by which those who create original works, like music, are able to be paid for that work. As copyright holders, creators have a right to control certain uses of their work, and place conditions - like payment - on use by others. These payments take the form of royalties. To illustrate, performance of a song, a record sale or printing a musical score are all events that would trigger a copyright royalty. But unlike a publishing or record deal, private copying cannot by its very nature be managed and accounted for by contract: private copies are made spontaneously by people in the privacy of their own homes. That's why private copying receives special treatment in the legislation. Permission does not have to be sought; private copying is simply permitted. But in exchange, the Act sets up a system to collect and distribute royalties to those with rights in the music that is copied. True to general copyright principles, legislators have ensured that creators and others with copyright in recorded music are able to be paid for use of their work.
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