Re: List Management: Re: [d@DCC] Future CBC "the docket" on digital copyright.

From: "tOM Trottier" <Tom _-at-_ Abacurial.com>
To: General Discussion <discuss (at) digital-copyright.ca>
Date: Wed, 26 Feb 2003 00:37:47 -0500
References: <20030222181720.GT483@melon.org>

By and large, I think you're correct. But could you, in taping something 
for a valid fair-dealing use by someone else (such as study or research), 
be acting as an _agent_ of that other person if you did it on a specific 
request? 

I recommend "Copyright Law" by David Vaver, 2000, ISBN 1-55221-034-0 for a 
discussions of many issues. 

tOM


On Tuesday, February 25, 2003 at 23:45
Russell McOrmond <discuss@digital-copyright.ca> wrote:

> 
> On Sat, 22 Feb 2003, Kristofer Coward wrote:
> 
> > I doubt it, but that's because I doubt that what's being arranged here
> > is really infringing. I'm inclined to believe that it's a perfectly
> > legal instance of time/space shifting that just happens to use mpeg and
> > the internet instead of VHS and hand-delivery. It's more of a public
> > demonstration of legitimate, non-infringing use of the technology
> > currently under scrutiny.
> 
>   If you can quote me the section of the copyright act
> <http://laws.justice.gc.ca/en/C-42/> that allows that VHS tape to leave
> your home and be considered a form of "fair dealing", then I'll take back
> the comment.  I'm not commenting on the different medium, but the act
> itself on any medium with any method of delivery.
> 
>   In fact, I am interested to read first hand the *Canadian* legal
> precedent which allows us to record on any medium for personal usage (such
> as time/space/medium shifting) from the TV signal in the first place.  I
> believe that the USA has time-shifting for private use and other such
> things in their act under fair use, but I haven't seen this in the
> Canadian Act under fair dealing.
> 
>   Watch the CBC newsworld piece on Thursday.  Did you know that story time
> at the public library is technically infringement, as is playing a
> boom-box at a public beach?  These two examples are used -- be infuriated,
> get informed, and be involved in changing the law.
> 
>   I also find it frustrating that fair dealings is only a defense against
> infringement, and not currently considered a right.  While we can get
> caught up on infringement for things that simply don't make sense, we
> can't sue a copyright holder for setting up technology or otherwise
> disabling actions which are not infringement.
> 
>   I am looking for a legal opinion, but my understanding is that what was
> discussed in this forum of one person taping for someone else's use without
> the permission of the copyright holder is infringement (under any
> medium/delivery including VHS/hand delivery or MPEG/Internet delivery).
> 
> 
> Note: Whether it is a de minimis crime that should never be enforced, and
> the law should change, is a separate conversation from whether it is
> currently infringement.


---- Quidquid latine dictum sit altum viditur ----
   ,__@	tOM Trottier +1 613 860-6633 fax:231-6115
 _-\_<,	758 Albert St.,Ottawa ON Canada K1R 7V8
(*)/'(*)		ICQ:57647974 N45.412 W75.714
"They that can give up essential liberty to obtain a 
little temporary safety deserve neither liberty nor 
safety." -- Benjamin Franklin

--
For (un)subscription information, posting guidelines and
links to other related sites please see http://www.digital-copyright.ca