Article View: wpg.general
Article #5833Re: MOVIE: One Hour Photo 7/10
From: Unikrom!
Date: Fri, 27 Sep 2002 05:33
Date: Fri, 27 Sep 2002 05:33
62 lines
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4413 bytes
You are right - I'm not a lawyer so I didn't know the details of the law - just the basics. Thank you for the clearing it up -- Unikrom! A+, Network+, CNA ================================== "Walter Roberson" <roberson@ibd.nrc.ca> wrote in message news:an0nf5$d6q$1@canopus.cc.umanitoba.ca... > In article <ZYPk9.1093$EX4.5389@news1.mts.net>, > Unikrom! <Unikrom@Not_Hotmail.com> wrote: > :Correction - Distributing (Copying to your HDD !!!Key word COPYING!!!!) & > :possessing is also an offence. The only way to make a legal copy is to have > :the original which you are entitled to make a copy to use & keep the > :original in a safe place. Same thing for software, music, movies, > :etc......... > > As we are talking Canada here (can.legal, wpg.general), I should > point out that your assessment of Canadian law is not accurate. > > The personal-copying exemptions section of the Copyright Act has some > interesting properties: > > A) All copying must be for personal use ONLY. The exemptions do not > apply if ANY of the processing steps are done for you by someone else. > You can't copy for your sister, your bed-ridden grandmother, your best > friend, etc.. ONLY for yourself. And that *does* imply that when you > pull down ripped material from Usenet postings that you are NOT covered > by the personal-use exemptions. > > B) The copying is only allowed if it is to media which is "commonly > used by consumers for such purposes". The criteria "commonly used" is > not defined in the Act, so one has to read through the details of the > decisions of the Copyright Agency in order to find out what's allowed > at the moment and what isn't. Media allowed at the moment include: > audio recording tapes, VHS tapes, MP3 devices, mini- harddrives (e.g. > as used for MP3 devices), CD-R -- but interestingly NOT covered at the > moment is the harddrives of desktop machines. So copying to a CD-R > might be okay, as long as you don't copy it on to your desktop hard > drive in the process. > > C) The exemptions only cover pre-recorded material. There is, for > example, no exemption for a tape of a live symphony broadcast, but if > that broadcast were then made into a CD and the CD were broadcast, then > that would be fair game. [That may seem inane at first, but musicians > get paid differently for CDs than for live broadcasts, and when the CD > is made there are formulae that determine royalty sharing etc. And the > station has to pay to broadcast the CD.] > > D) The section listing the permitted exemptions does NOT require that > one owns the original media in order to be covered by the exemptions. > If you dig through the detailed decisions, you will find that the rates > charged on blank media are determined based in part on the assumption > that people will copy from other people. The Act wording says NOTHING about > you having to own the original or anything similar: it just says > that you have to do the work all yourself and it has to be to the > right kind of media. > -- > Contents: 100% recycled post-consumer statements.
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: f504b,724b1531deb281e6 X-Google-Attributes: gidf504b,public X-Google-Thread: fb1ea,79f11f6192e964d1 X-Google-Attributes: gidfb1ea,public X-Google-Thread: 108c64,724b1531deb281e6 X-Google-Attributes: gid108c64,public X-Google-ArrivalTime: 2002-09-26 22:33:53 PST Path: arc1-ca.pugleaf.net!archiver1.google.com!news1.google.com!newsfeed.stanford.edu!cyclone.bc.net!news-in.mts.net!news1.mts.net.POSTED!not-for-mail From: "Unikrom!" <Unikrom@Not_Hotmail.com> Newsgroups: wpg.general,can.legal,can.general References: <BiWh9.359771$f05.18023257@news1.calgary.shaw.ca> <3d8ee9fd$1@news.eol.ca> <QdGj9.381898$v53.17995142@news3.calgary.shaw.ca> <ZYPk9.1093$EX4.5389@news1.mts.net> <an0nf5$d6q$1@canopus.cc.umanitoba.ca> Subject: Re: MOVIE: One Hour Photo 7/10 Lines: 64 X-Priority: 3 X-MSMail-Priority: Normal X-Newsreader: Microsoft Outlook Express 6.00.2800.1106 X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2800.1106 Message-ID: <55Sk9.1155$EX4.5738@news1.mts.net> Date: Fri, 27 Sep 2002 00:33:51 -0500 NNTP-Posting-Host: 205.200.181.10 X-Complaints-To: admin@mts.net X-Trace: news1.mts.net 1033104833 205.200.181.10 (Fri, 27 Sep 2002 00:33:53 CDT) NNTP-Posting-Date: Fri, 27 Sep 2002 00:33:53 CDT Organization: MTS Internet