Re: [d@DCC] Limitations of private copying

From: David Frey <dpfrey _-at-_ shaw.ca>
To: General Copyright Discussions <discuss (at) list.digital-copyright.ca>
Date: Sun, 20 Mar 2005 13:23:59 -0800
References: <423DD57B.1040701@shaw.ca> <1111349595.5010.7.camel@localhost.localdomain>

Richard Pitt wrote:
> IANAL - not even close to being one - just a concerned citizen who took
> the time to really read the act and commit some major time to standing
> in front of the Board on the levy in 2003.

Thanks for your reply Richard.  I actually found the 
digital-copyright.ca site through a link from your site.


> On Sun, 2005-03-20 at 11:56, David Frey wrote:
>>Another thing I don't understand is whether Person A is even allowed to 
>>keep a copy of the CD they bought on their computer's hard drive since 
>>computer hard drives (outside of digital audio recording devices) are 
>>not covered by the levy.
>>
> 
> the levy may be applied to (full size) computer hard drives in the
> future - CPCC certainly has made noises in this direction but there has
> not been a ruling on it AFAIK

This is a bit disturbing, but I guess that's the nature of the CPCC.  It 
seems a bit wacky to me that the rates are proposed by a group who has 
no other interest besides extracting the largest amount of money 
possible from the public.


>>(case 2) Person A lends his new CD to person B.  Person B makes rips the 
>>tracks from the CD to his computer hard drive and then burns himself a 
>>copy for his own use.  Person B returns the original CD to Person A, but 
>>keeps the copy he made.
>>
> 
> This is currently a legal grey area - lots of discussion that it is the
> fact that you can lend the original and the person who makes the copy
> for their own use is doing so legally under the act no matter how they
> came to get the original - typified by the court's ruling that
> downloading and making copies is OK - the source of the music is not the
> issue, only who is doing the copying. It is not distribution.

Something I forgot to ask was whether the act of lending the CD to 
another person is in fact legal.  I suspect it is since I know that the 
local Library lends CDs


One more question for now.  Is there a web site that covers court cases 
relevant to this topic?  Alternatively, what are some case names I 
should be searching for?

Thanks,
David Frey
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