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61 Reforms to C-61, Day 13: Music Shifting Provision and One Copy Per Device

By Michael Geist

Today's proposed reform comes directly from a reader of the blog who writes:

While I was reading your latest entry in "61 Reforms to C-61," I realized that the "one copy per device" limitation on "format shifting" as described in Section 29.22(1)(d)(i) makes a common practice of mine illegal - one that I don't believe has been touched upon yet. I rip (err, "format shift") some of my audio CDs in two different formats: a lossless encoding (such as Apple Lossless or FLAC) and a lossy encoding (such as AAC or MP3).  I keep both copies in my iTunes music library on my computer.  I use the lossy versions on my iPod shuffle and iPod touch where space is in short supply and the lossless versions on my iPod classic and Mac. Although only one copy usually exists on any of my iPods (although sometimes I'll accidentally get both versions with my Smart Playlists), both copies always exist on my Mac within iTunes as it acts as my sole repository.

I don't know if this is common or not, however, it is another example of how the strict requirements penalize purchasers of music. In this case, the law effectively limits users to a single format since making duplicate copies in different formats is forbidden.  These examples do not involve commercial infringement but rather target individual, private uses, yet Bill C-61 scarcely differentiates between the two. 

Full post as published by Michael Geist on July 09, 2008 (boomark / email).