The music shifting provision is careful to limit the number of copies that may be shifted to one per device. In particular, the provision (Section 29.22 (1)(c)) states that an individual may reproduce "the sound recording no more than once for each device that the individual owns, whether the reproduction […]
Post Tagged with: "61 reforms of c-61"
Having reviewed the format and time shifting provisions, I now turn to the music shifting provisions (Section 29.22). Industry Minister Jim Prentice has heavily promoted these provisions as he assures Canadians that they can now shift music from CDs to their iPods. The provision has faced significant criticism from all sides, however. The Canadian Private Copying Collective is livid at the change, arguing that it will "rob creators of their rights, denying them compensation for this use of their work." In what sounds a lot like consumer group complaints, the CPCC adds that they were not consulted on the issue and that an open consultation is needed.
From the consumer perspective, the provision does not go far enough. I think it is fair to say that most consumers believe that if they have paid for a song, they should have the right to listen to it on the device of their choice without further compensation (CRIA seemingly agrees). Such uses should be considered fair uses and the value of listening to a song on multiple devices can be built into the initial purchase price.
Yet the music shifting provision is subject to some significant limitations that undermine their fairness.
The time shifting provision in C-61 also contains time and copy limits – Canadians may keep "the recording no longer than necessary in order to listen to or watch the program at a more convenient time" and may not make more than one recording of the program. While it is […]
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