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Canada: ISPs don't have to pay royalties

30 June 2004 10:55 by Petteri "dRD" Pyyny | 5 comments

The Supreme Court of Canada delivered today a yet another blow to music industry when it ruled unanimously that Canadian ISPs are not required to pay royalties to music companies because their users use the Net connections to download music.

Earlier this year, Canadian Federal Court ruled that downloading copyrighted material from P2P networks without copyright holder's permission is perfectly legal for personal use. The ruling is similar to several court decisions in other countries across the world that have so-called "blank media levy" in use to compensate copyright holders.

More interesting was the ruling back in March by Federal Court that found that sharing copyrighted music via P2P networks is legal in Canada as well. While "distributing" copyrighted material without a permission is illegal in Canada, court decided that simply sharing a folder full of copyrighted material, such as music, via P2P networks such as Kazaa doesn't count as "distribution".

However, record labels' Canadian organization, Canadian Recording Industry Association, has lobbied heavily to change the existing legislation in the country and in May this year, a committee recommended to Canadian government to tighten its copyright laws to outlaw distribution of music via P2P networks and to allow record labels to introduce DRM schemes to audio recordings.

Source: CBC

Permalink to this article

Canadian law enforcement seizes $800,000 worth of counterfeit products (5 May 2005)

Canada to tighten its copyright law? (4 April 2004)

Manufacturers challenge Canadian MP3 player levy (13 January 2004)

P2P downloads legal in Canada (12 December 2003)

Canadian ISPs to pay royalties? (30 November 2003)

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Discuss this article!
Toiletman (Senior Member) 30 June 2004 12:28
I like how the Supreme Court finally came to their senses and realised there is no real way to stop this P2P, so just let it happen. I think they also realised that these so called "Protection Agencies" are going too far, especially with the RIAA. [ + quote]
Vular (Member) 2 July 2004 8:37
Yup, this is one of the many reasons why I like living in Canada. :) [ + quote]
Toiletman (Senior Member) 4 July 2004 19:06
Where do you live? Everyone is entitled to their own true opinion. Either respect that or don't. [ + quote]
Vular (Member) 5 July 2004 4:39
Where do I live? I live in Corner Brook, Newfoundland This Is No Ice Cream Social! [ + quote]
buzzoon (Junior Member) 5 July 2004 5:29
We're not quite as litigous as our US friends - our government doesn't have any mandate to ensure all Canadian lawyers are driving new BMW's and making money hand over fist. We save our Courts for real crime! Rob Canada [ + quote]