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(@amazing_ness)
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Joined: 20 years ago
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Topic starter   [#17979]

If I borrow a CD from a friend or the library and I store it on my computer and give it back is that illegal?


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(@noteboat)
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Joined: 23 years ago
Posts: 4921
 

Yes


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(@amazing_ness)
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Topic starter  

Oh, and I live in Canada, so it may differ here than in the USA or anywhere else. Because I do know that Limewire (peer to peer file sharing) is illegal in the US and it sold in stores in Canada.


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(@amazing_ness)
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Topic starter  

Never mind.

I looked into the Canadian Copyright laws and it says that it may be copied for private use.


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(@noteboat)
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Joined: 23 years ago
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That didn't sound right to me. So I checked... and it's not.

You can copy certain things from a library in Canda for research purposes, but CDs aren't one of them. The law is a bear to read (I'm used to researching US issues) - but I found a site that lays things out clearly. Look under the section "What can't I copy"

University of Toronto at Scarsborough Library


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(@amazing_ness)
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Topic starter  

I see. I didn't look into the library section, just an overall copyright law/act. So, my friend's CDs on my computer are legal...but I can't do that with a library CD.

Thanks very much NoteBoat. It's saved me a lot of infringement and morality issues :D


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(@biker_jim_uk)
Honorable Member
Joined: 20 years ago
Posts: 536
 

I would say your friends Cds on your PC are not legal, unless he has given you the CD too!
The copyright is the same whether the source is a friend or the library or a Cd you buy, copy and then return or sell on!



   
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(@alangreen)
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Joined: 24 years ago
Posts: 5342
 

The standard copyright message on a CD reads

"unauthorised copying, reproduction, hiring, lending, public performance and broadcasting prohibited." I always figured that was quite clear. If you copy a CD to your pc without getting the owner's consent - "owner" being the band, the record label and the publishing company, not the guy who buys the cd from the local shop - then you're a bad boy and will be spanked by the Thought Police who will also empty out your bank account while they're at it. And your friend's CD's on your PC without that consent are not ok - your friend has done an unauthorised lending, and you have made an unauthorised reproduction. Double Whammy. The only reason the RIAA haven't sued your friend for lending you a CD is because it's impossible to police the activity.

"Fair Use" defences to justify making copies of CD's don't seem to be working these days. Certainly the RIAA want you to buy the CD, buy the download to put on your PC, and buy the tape to play in the car.

Peer to peer filesharing software may be sold legally anywhere, AFAIK, and peer to peer filesharing is not illegal. What is illegal is peer to peer filesharing of copyright material. Normal copyright exists for life and 75 years following the author's death, after which it passes into the public domain. Crown Copyright in the UK is a straight 150 years after creation.

Best,

A :-)


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(@amazing_ness)
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Topic starter  

you know what? i've never noticed that message on the CD! now that someone told me about and I looked and I see it.

ah well.

I don't listen to most of the stuff I've got anyway.

I guess I'll get rid of it, and pick up the CDs that I do like.


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(@amazing_ness)
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Topic starter  

what's funny is the Canadian Copyright Act.

Copying for Private Use

Where no infringement of copyright
80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of

(a) a musical work embodied in a sound recording,

(b) a performer's performance of a musical work embodied in a sound recording, or

(c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied

onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording.

Limitation
(2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):

(a) selling or renting out, or by way of trade exposing or offering for sale or rental;

(b) distributing, whether or not for the purpose of trade;

(c) communicating to the public by telecommunication; or

(d) performing, or causing to be performed, in public.

1997, c. 24, s. 50.

http://lois.justice.gc.ca/en/C-42/230711.html#rid-230714

it doesn't say anywhere the owner of a CD can only copy it, it only says person

and it doesn't say lending, it says distrubution and rental.

??? :?: :?: :?:


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