[politics] Re: [d@DCC] re private copying

[tOM Trottier]

On Sunday, December 14, 2003 at 16:18
Russell McOrmond <discuss at digital-copyright.ca> wrote:

...
>      i) true private copying of legal works from one medium/media to
> another, which should not be considered infringement nor receive any
> claimed "right to remuneration".  This should be considered fair dealings.  
> Unfortunately the board avoided this question (P22)

Legal private copying authorised by the act only covers musical works. Video, 
spoken word, books, articles, etc. are not legalised. For that, you have to use 
the "fair dealing" defense.  

>     ii) copying in private of infringing works which should be considered 
> infringement and be actively discouraged.  I don't think prosecution 
> works, but believe that education campaigns from trusted sources (IE: not 
> the intermediaries or collective societies who are properly seen as 
> special economic interests).

The problem is enforcement. That's the reason for the levy.

...
>   It is a temporary victory.  The logic of the private copying regime
> stays intact.  There is nothing to limit the CPCC from trying again later
> as people get more used to this regime.  

They will try, every two years. Expect the next application about 3 months from 
now, since the hearings and decision took so long.

> There is no limit on the number of media this will apply to, not with their
> continued lobbying will there be a limit to what types of works it will
> apply to (first music, then motion pictures, and eventually software). 
...

The CPCC only represents music people, and the Act only applies to music. I 
don't think that will change soon.

Something to cover movies might make its way into the next copyright act, which 
is being changed to fit better with treaties.

tOM

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