Is it legal to download copyrighted music for free?
Millions of Canadians download copyrighted music they didn’t pay for. This can’t be legal, right? Right? Think again.
Millions of Canadians download copyrighted music they didn’t pay for. This can’t be legal, right? Right? Think again.
Instead of using legitimate pay-to-play online music stores, such as iTunes, many are using peer-to-peer file-sharing services to snag the latest song, album, or in some cases, the entire discography from their favourite artist. So, why aren’t Canadians getting sued for doing so, like our American neighbours? Sync decided to find out.
Who better to turn to than renowned professor and newspaper columnist, Dr. Michael Geist, Canada Research Chair of Internet and E-commerce Law at the University of Ottawa, to ask if indeed it’s legal to download pirated music in Canada.
The answer is yes, but it’s "somewhat complicated," says Geist. He explains:
Canada has a private copying levy, which grants the right to make personal, non-commercial copies of sound recordings. The Copyright Board of Canada has ruled that the source of the music for the copy does not matter. This means it could be a copy of a CD you own, a CD from the library, or arguably a copy from a peer-to-peer system. In return for this copying, there is a levy on blank media (such as blank CDs) that has generated over $200 million for the industry and artists over the last number of years. Note that the right to make private copies of sound recordings does not extend to other media such as video.
There you have it. Thank you, Michael. You can read his blog here.
On a related note – pardon the pun – you can click here to read the previous Sync post on Canada’s recordable CD levy.
Filed Under: Computers & Software
Very interesting but how do they know which artists to send the money to? What about dead artists' estates or in other countries? Also how do we know the govt actually refunds all of this levy? How about the so-called "gas tax" which was meant to be spent on repairing roads but hardly any of it was?
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I'M NOT SURPRISED AT ALL, BUT CONSIDERING THE CRAP, THAT YOU GET OFF PEER TO PEER, MOST DOWNLOADS ARE DAMAGED , OR NOT THE RIGHT ARTIST, OR A BUG, AND JUST TO GET ONE SONG YOU MIGHT WANT FROM A REGULAR ARTIST, ITS CHEEPER SOMETIMES JUST TO BUY IT, AND SAVE YOURSELF THE PAIN, SAVE YOUR BURNER SOFTWARE.
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You probably wouldn't want to download songs by file sharing. At least 80% of the time theres a virus of some sort attatched.
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Well Lets just say Canada has a better diplomatic system and we are a free country. If American artists want to complain about how we steal little bits of things we've purchased then give us back all the things you rob from our natural ressources. oil, gas, water, electricity, lumber, doctors, nurses, etc. etc. etc. quit whining. You can keep celine, and we beat you in the world baseball classic…. and you suck at hockey…
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Quote from above article: "Note that the right to make private copies of sound recordings does not extend to other media such as video.". Does this mean that it would be illegal to copy a dvd for private use to avoid scratches and other damages to the original? What is the law concerning this?
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Err…Dr. Geist is not quite correct (sorry, Mike). What actually occurred is that, when "Big Music" initiated a lawsuit concerning downloaded music, the judge in question (a noted expert on Canadian copyright law) kiboshed their attempt to have their cake and eat it too. He ruled that, since the intended purpose of the copyright levy on recordable media was to compensate copyright holders for the "free" downloads, it rendered the downloads legal. Were the levy to be removed, that would remove the legal basis for free downloading of songs. The Copyright Board of Canada initially supported the position of "Big Music" – they had to change their tune and implement the judge's ruling.
The government doesn't hold or distribute the monies from the levy. That is the responsibility of the Canadian Private Copying Collective, who routes the payments through member collectives such as SOCAN. They and the Copyright Board have also had their hands slapped a couple times by the courts when they attempted to impose levies on items such as iPods.
BTW, making a copy of a copyrighted CD or DVD solely for backup purposes is legally permitted under the "fair use" provisions of Canadian copyright law.
Personally, I say take away the levy and implement something more equitable. Right now, anyone buying recordable media for storing data (the majority) are paying the price for the minority. Don't forget, too, that the government uses a heck of a lot of recordable media…and that's our tax dollars going to support the copyright holders!!!
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Just remember folks, if it is legal, it isn't theft and thus isn't "stealing", not even technically – no matter how much someone whines and kicks and screams that it isn't the way they want it to be.
I wonder how much the recording industry regrets getting that levy pushed into law now…
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LMR,
is there a recent survey that supports your claim that the majority of recordable CDs are being used for data rather than music? Since this levy only applies to CDs and thus CDs are more expensive than DVDs, and DVDs hold at least 6 times the data, why would *anyone* be using CDs for data storage? Legacy hardware/applications? If so, they need to stop wasting their/my money.
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With a torrent downloader it's very easy and fast to obtain a full album or even better an artists full discography within a matter of hours. I've never had any problems downloading with a torrent either.
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I don't see what the big deal is either (with torrents). I've never has problems obtaining error-free/virus-free audio files. Of course, a good principle is to go out abd buy the CD if you really support the artist and their music in the first place, but who does that?
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when it comes to money and business every one wants to have (make ) more (greed). however art, education and life have a value system of their own and it is called appreciation. that is why if you go to an auction sale, it is a very competative affair. in some things the prices are set but in this arena of appreciation, the value is up to the desires of the beholder. just as they say ;'beauty is in the eye of the beholder'. so to try to have a monopoly on music or art or life is never a wise thing. how does an artist knows if his or her work is gonna be setting the trends in pop culture and thus making its mark on history. how do you capatalize on something so elusive and will any law enhance or limit its revolutionizing force. one of the best examples of this great debate is ;the life and work of jesus of nazareth. so much money is made in his name yet in his day he was just a carpenter with a few fishermen friends..i believe the focus of copy right laws should be on education and free speech and expression and not monopoly. liberty is the driving force of nature and shared by all will make for a more harmoneous civilize society. bob marley say 'one love, one heart; lets get together and feel alright'. money is not the only benefit from artistic creations and technology; so freedom and access will reveal other rewards. you can see it in the eyes of the youths as they explore the possibilities of innocent play before they are changed by sin (evil) and innocence is lost.so the canadian way of stimulating other revenues from other sources is great leadership and should help the music and other industries come to resolutions on wealth distribution for the market place. peace, love and happiness on lifes journey. by. renney b.
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You guys just figured that it's legal?
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Wow. I'm not sure which peer to peer proggies yu all have tried to get files from.. But the one I use.. is for the most part very good..Sure we have a few people who do add virus's But it is a very few.. most realize it's to their benefit to not.. So that they are allowed to stay on an also download files..The best ones to use are encrypted ones. They are much safer. and have strict rules about files..
There is thousands of files shared on there.. and there is also people who are there that are technicians.. or at the very least knowledgeable about puters. and are willing to help you with problems.. including how to remove virus's if you get them. A good rule of thumb to follow though is. never ever open a file you have downloaded from anyone. including friends or family.. until you have first virus scanned it..As for the extra levy put on cd's so it enables us Canadians to be able to download tunes for free.. To bad other countries dint realize what a brilliant idea this is.. It sure would save a lotta police.. court an govt time..As I'm sure most of the people in other countries that are charged..Are never going to be able to pay these fines..and on top of it.. will lose their puters an possibly a whole lot that could ruin their lives..
It means not only did they lose.. The govt probably wont ever get the fine. And the artists whose tunes they like.. wont be being downloaded by them anymore..
Another point is. the artists should be glad people are still interested in their tunes.And are still listenning and sharing them.. After all it is the listeners who make them famous.. So they can ultimately live the lifestyles they do and earn the emormous amounts most of us could never even dream about..As for torrents again stick to the private ones. seems they are more cautious of people and virus's..I've gotten a lotta good tunes off of both..and so far touch wood.. have gotten not a virus from any of them..
But then I practice what I preach and virus scan each and every one,and have so far been lucky.. no virus's have even showed their nasty little heads.. in any files..
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-Do you know that music industry sales have gone down in the last 6 years from 1.3 billion dollars to about 750 million?
-That is because of all of you self-righteous type people above, likely earning good livings, ripping off all the artists. All your bs above is trying to justify what is clearly theft.
-Do you know have a clue how many jobs have been lost in the music industry because of your theft? Thousands!
-80% of musicians in Canada earn less than $15,000.
-Then there are the hundreds of related industry jobs that have been affected.
-If a song brings joy to your heart, dont you think that's worth giving the songwriter 10 to 25 cents?
Its priceless.
-And dont you think that record companies, not as it was in the past but just in good business practice have a right to re-coup and profit from their investment just like any other business?
-Just cause your smart enough to rip us off on bit torrent or whatever dont pat yourself on the back, you're a thief.
-I'm a living example of someone with years of education and the perfect candidate to make a living in the industry who has been affected.
-Why dont you get up in the morning and go to work and give away your service for nothing?
-And if you want to go to the live show, there is a huge seperate cost, that's a different service, dont justify it with that, most of you barely get off your ass and go to a show anyway.
-the blank levy only helps major artists who have been established for years. It doesnt trickle down.
-some judge was stupid enough to equate making a copy like on a photo copier in a library with sharing it online with millions across the world.
-that ruling will be overturned.
-I realize that many of you a huge music fans and do spend money on music as well as the odd file sharing, this is directed at those who never spend a cent on music and just rip it off continuously.
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if your not happy with the money you make being a recording artist.,..dont blame us that share music and dont buy full cd's for one good song,,,maybe you should consider yourself a new job if the money aint there to survive pal,,,no one forcing you to try and make money playing music,,,
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Why is it that recording artists always say "We're not doing it for the money, we're doing it for the love of music. The money is just a bonus", but when they're not getting a ton of money, they get angry at us?
Normally if you aren't making a lot of money or don't have one good quality CD, your songs will be nearly impossible to find unless you've put them on the internet yourself. Either that, or they're terrible quality live recordings.
If you're really doing what you do for the love of music, then get a day job in the music industry doing something that will really make you money, and go play at night.
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Until I make more money than the artists of the music that people are downloading, I really don't care what kind of impact it has on their wallets.
If it was such a big deal, they would get a job that pays more.
Canada Forever!
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Johnny Hatch is an idiot. oh cry me a river. free music is free music. FREEEEEEEEEEEEEEEEEEEEEEEEE.
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HaHa. What file service are you using?
Im not taking about Beyonce or some mega rich artist but they deserve their royalties just like anyone.
And dude go $#@ yourself baby. What are you 15?
Free music free if the person has put it up for free themselves Otherwise your stealing other peoples work, creativity and copyright.
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Hey guys,
Can we please the personal attacks out of this discussion? I'm sure we're mature enough to debate on this controversial topic without lowering ourselves to name-calling.
Thanks, guys,
Marc Saltzman
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