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| Private copying is the subject of Part VIII of Canada's Copyright
Act. It has a very specific, and limited, meaning. A
"private copy" is a copy of a track, or a substantial
part of a track, of recorded music that is made by an individual
for his or her own personal use. A compilation of favorite tracks
is a good example of how people typically use private copies.
In contrast, a copy made for someone else or for any purpose
other than the copier's own use is not a private copy. Nor is
a copy of anything other than recorded music. And private copying
is not an example of "fair dealing", a very different
legal concept. In Canada, private copying is legal and does
not infringe copyright. It is because, in exchange, copyright
holders in recorded music have a right to receive compensation
in the form of royalties for private
copying. |
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| Private copying is the subject of Part VIII of Canada's Copyright
Act, the federal statute that sets down the general legal
framework for copyright in Canada. Copyright is the legal mechanism
by which those who create original works, like music, are able
to be paid for that work. As copyright holders, creators have
a right to control certain uses of their work, and place conditions
- like payment - on use by others. These payments take the form
of royalties. To illustrate, performance of a song, a record
sale or printing a musical score are all events that would trigger
a copyright royalty. But unlike a publishing or record deal,
private copying cannot by its very nature be managed and accounted
for by contract: private copies are made spontaneously by people
in the privacy of their own homes. That's why private copying
receives special treatment in the legislation. Permission does
not have to be sought; private copying is simply permitted.
But in exchange, the Act sets up a system to collect
and distribute royalties to those with rights in the music
that is copied. True to general copyright principles, legislators
have ensured that creators and others with copyright in recorded
music are able to be paid for use of their work. |
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