That's the tricky question when it comes to the Canadian Copyright Act with respect to personal downloads and personal use. It's a question that I don't believe has come before our courts as of yet. s.(3) of the Act lays out VERY broadly what the Copyright owner has the right to do. Strictly speaking, the copyright owner is the only individual who may legally perform those actions.
With regards to personal downloads and personal use do those actions constitue a "reporduction or production" in a "material form" as indicated under s.(3)? That's the debate. A personal download to me does not constitute a reproduction in a "material form". Of course, "material form" is not defined anywhere in the act. In my mind, and in my legal opinion there is ambiguity in the interpretation. As a result, I feel that personal downloads and personal use of those downloads are currently fair game under the Canadian Copyright Act. Of course, take that opinion with a grain of salt.
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