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: Michael Geist

61 Reforms to C-61, Day 10: Music Shifting Provision May Conflict With Computer Backup Systems

By Michael Geist

The music shifting provision is careful to limit the number of copies that may be shifted to one per device.  In particular, the provision (Section 29.22 (1)(c)) states that an individual may reproduce "the sound recording no more than once for each device that the individual owns, whether the reproduction is made directly onto the device or is made onto a medium that is to be used with the device."  While the intent sounds reasonable - no more than one copy per iPod or personal computer - the reality of today's computing environment is that many users will unknowingly violate the law and not qualify for the provision. 

Consider Macintosh users that actively use Time Machine to backup their systems (similar functionality exists for Windows machines).  Their computers automatically make a second copy of everything on their hard drives, including MP3 files.  This means that the user that shifts or transfers the songs on a CD to their personal computer automatically makes a second copy onto a medium that is used with the device.  According to the strict terms of the provision, this may violate the law and render both copies acts of infringement.  Users should be entitled to backup their systems without fear of violating the law.  Once again, out of an abundance of caution (or overbroad internal negotiation), C-61 complicates a straightforward principle to the point that may leave many computer users offside the law.  Simple solutions include a flexible fair dealing provision that would adequately address this form of copying or the removal of this limitation altogether given that the music shifting provision already features tight restrictions on further distribution.

Full post as published by Michael Geist on July 03, 2008 (boomark / email).