ARCHIVED — Private Copying of Music
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June 2008
For people who want to make a copy of music to use on another device
The purpose of this information sheet is to give general introductory information about current copyright law and to explain what would change under the proposed amendments. If you need to know how the law applies to a particular situation, please seek advice from a lawyer.
Current law
- You can copy music onto audio recording media, such as CDs, mini-discs and audio cassette tapes, for private use. However, current copyright law does not allow you to copy music onto devices such as computers and MP3 players (e.g., iPods).
What the proposed "private copying of music" provision would allow
- What could be copied? — You could make a copy of music you have accessed legally onto devices you own and onto media to use with these devices. However, you could not copy music you have borrowed or rented.
- How many copies could be made? — One copy for each device you own, including your computer, iPod and MP3 player, whether the copy is made directly onto the device or onto a medium such as a DVD or removable memory card to be used in connection with such devices.
- In which format? — Any format (e.g., ".wav" or ".mp3"). In fact, you could alter the format of the file if necessary to copy it onto another device.
- Where could you enjoy your copy? — Anywhere, as long as it's for private purposes.
- Who could use the copy? — Only you could use the copies you make. Members of your family or friends could enjoy them with you, but you could not give away any of the copies. If you were to give away or sell the original material, all the copies you made from that original would have to be destroyed.
Limitations
- The copies you make could not be sold, distributed, performed in public or otherwise communicated to the public. They would have to remain under the care and control of the person making the copy.
- You could not circumvent or hack a technological measure (digital lock) to make the copy.
- You could not make a copy of a song that has been downloaded from the Internet and where you have entered into a contract that governs the extent to which you may make copies of the song. In such cases, the terms of the contract would prevail.
- You could not copy something that is already an infringing copy (e.g., pirated or hacked).
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