ARCHIVED — Private Use by Canadian Consumers (Time Shifting, Format Shifting, Private Copying of Music)
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June 2008
For people who want to make a copy of materials for private, non-commercial use (includes recorded music, books, newspapers, periodicals, photographs or videocassettes to use on another device)
Also for those who want to record a radio or television program to enjoy at another time
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
- The Copyright Act does not specifically allow you to make a copy of a book, newspaper, periodical, photograph or videocassette in order to enjoy it on another device. It also does not specifically allow you to copy music onto devices such as computers and digital audio recorders.
- Current copyright law does not specifically allow you to record a radio or television program.
What the proposed "private use copying" provisions would allow
- What could be copied? — A book, newspaper, periodical, photograph or videocassette that you have accessed legally, as well as books and photographs to use on another device you own. Copies of recorded music accessed legally would also be eligible, as long as the music isn't borrowed or rented.
- TV programs, radio programs, and programs aired simultaneously on the Internet and on television or radio could also be recorded and viewed or listened to at a later time.
- These provisions are subject to important conditions and limitations. Please review the information sheets on time shifting, format shifting and the private copying of music for details.
Limitations
- The copies you make could be enjoyed anywhere as long as it is for private purposes. Only you can 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.
- 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 copy something that is already an infringing copy (e.g., pirated or hacked).
- Date modified:
