More discussion of private copying...

[Russell McOrmond]

On Wed, 10 Apr 2002, Chris Brand wrote:

> Sorry, Russell, you're wrong.

  I stand corrected on my use of language ;-)

(And am glad we are diving into this in such detail)


  I still believe we are legalistically nit-picking ;-)  It's almost how
the two different judges were reacting in the recent supreme court
judgements (reproduction vs copying, moral vs copyright, etc).



  In the current legislation (Section 79-88,
http://laws.justice.gc.ca/en/C-42/36498.html#rid-36611 ), private copying
of audio recordings is handled differently by the Copyright Board than
other collective societies.

  What I am suggesting is a change in this legislation, which requires
looking back to the basis of the existing legislation.  For this I am
trying to link the logic behind how the Copyright Board administrates
other collective societies and how it is administrating the private
copying levy.


(Section 66-78 - COPYRIGHT BOARD AND COLLECTIVE ADMINISTRATION OF
COPYRIGHT)
http://laws.justice.gc.ca/en/C-42/36498.html

"Collective Society" is defined earlier at:
http://laws.justice.gc.ca/en/C-42/36076.html#section-2



  The assumption of the current act surrounding "Private Copying" is that
private copying, legal or not, is harm to the creators.  I and many others
believe this assumption is incorrect.


  Private Copying can be considered an important part of bringing a work
to the attention of an audience who would then become fans and thus
'customers' of that creator/artist.  In this respect it is advertising,
not harm, and thus should not be being paid for by the "consumer".


  We as a society have started to be rather upset when we pay to be sent
advertising.  Whether it is SPAM when we pay for Internet fees and the
advertising is forced on us, or the Private Copying levy when we are
paying the recording industry for what is really advertising (and whether
we use their products or not!), there is a justified negative reaction to
it.

---
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
 See http://weblog.flora.org/ for announcements, activities, and opinions
 Get Legal - become Free! http://weblog.flora.ca/article.php3?story_id=126
 Anti-Copyright Crusader  http://weblog.flora.ca/article.php3?story_id=133

--
For (un)subscription information, posting guidelines and
links to other related sites please see http://www.flora.org/dmca/