Quote:
Originally Posted by housejunk
The primary aim of the legislation is towards distrubtors aiming to profit off of someone else's copyright. Its highly unlikely that your own personal use would ever be affected. For that reason, there's no concern with you transferring your music to an iPod. That's clearly personal use, and I would be absolutely shocked if anything ever changed that.
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Bang on. s.80 is all about private use as I stated above. The legislation seems clear that they are only looking towards individuals who are distrbuting materials. However, the point that raises some concern among IP lawyers is the limitation to "private use" exception;
(
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):
(b) distributing,
whether or not for the purpose of trade;
In other words, any form of distribution negates the "private use" exemption from copyright infringement for audio recordings which can limit the "private copying" defense.
HOWEVER, it is even more important to note that nowhere does this exepmtion talk about "downloads". This amendment was passed in 1997, when music downloads were not the primary concern they are today. s.80 "private copying" exemptions had in mind situations where someone bought a CD, and then made their own "reproductions" based on that. Downloading is newer terriority, and I'd be reluctant to hang my hat on a s.80 defence.