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Article #5833

Re: MOVIE: One Hour Photo 7/10

#5833
From: Unikrom!
Date: Fri, 27 Sep 2002 05:33
62 lines
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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From: "Unikrom!" <Unikrom@Not_Hotmail.com>
Newsgroups: wpg.general,can.legal,can.general
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Subject: Re: MOVIE: One Hour Photo 7/10
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