Michael Geist

I noted last week that Bill C-61 creates a legal framework that means that consumers may buy a CD and pay the levy on a blank CD, yet still violate the law if they circumvent copy-controls in order to make a private copy of their purchased CD.  There is a second private copying angle that merits analysis.  The music shifting provision blocks users from shifting music to their iPod if they borrowed or rented the sound recording to be shifted.  However, in what may be a case of bad drafting, the same provision appears to allow users to transfer borrowed or rented CDs to their iPod with one additional step that bring private copying into the picture.  The process requires the user to make a private copy of a sound recording onto a blank CD.  The private copying system allows for such copies from borrowed or rented CDs.  The user then shifts the sound recordings from the private copied CD to their iPod. 

This additional step would appear to meet the requirements of the law (Section 29.22(1)), namely:

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