File sharing in Canada

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Canada has the greatest number of file sharers per capita in the world according to a report by the OECD. ^[1] As well, the same report states that the number of file sharers in Canada is steadily rising unlike the number of file sharers in the U.S.A., bringing to the forefront issues dealing with the legality of file sharing. However, contrary to popular opinion, file sharing in Canada is not legal. Important distinctions have been made regarding the legality of downloading versus uploading copyrighted material. Copyright decisions in Canada have seemed to make it legal only to download copyrighted songs (but not other media, such as movies or software) for personal use. Uploading or distributing copyrighted material is not allowed according to recent copyright decisions.^[2]^[3]

1 Legal history
2 See also
3 References
4 External links

[edit] Legal history

[edit] 2004: BMG Canada Inc. v. John Doe

In 2004, the Canadian Recording Industry Association(CRIA) was dealt a blow in its bid to take action against 29 internet users with extensive file sharing activities. The CRIA filed suit to have the ISPs reveal the identities of the 29 file sharers. In the ruling, both the Federal Court of Canada and the Federal Court of Appeal judged that the CRIA's case was not strong enough to support interfering with the defendants right to privacy and questioned whether the CRIA had a copyright case at all based on its evidence. Because the ISPs were not required to reveal the identities of their clients, the CRIA could not go on to sue the file sharers in a manner mimicking the RIAA's legal proceedings in the U.S.A. This decision dealt a major blow to attempts by the CRIA to crack down on file sharers.^[4]

[edit] 2003: Copyright Board of Canada and P2P filesharing

In 2003, the Copyright Board of Canada released a ruling in response to queries that were made regarding the legality of P2P file sharing. In its decision, the Copyright Board ruled that downloading of copyrighted material online was legal irrespective of the source of that material. Users of P2P networks were thus cleared of liability for copyright violations for any downloading activity. However, the Copyright Board also ruled that the uploading or distribution of copyrighted material online was illegal, so users of P2P networks were not permitted to upload copyrighted work. This decision was thought to be significant in that it provided precendent for future courts ruling on file sharing to follow. ^[5]

[edit] 1921: Copyright Act of Canada

In 1921, the Copyright Act of Canada was first made into law. Several revisions of the act later resulted in the inclusion of a unique provision that is seen by some as legalising file sharing. The provision states that copying copyrighted work for personal use does not constitute a violation of the copyright of that work. In this sense, file sharers are cleared of liability for copyright violations so long as their activities are for private use only. However, the provision makes no mention of the legality of distributing or uploading copyrighted work, and so discourages file sharing for commercial use. The Copyright Act is thus seen as permitting file sharing solely for private use with no intent to distribute the copyrighted work. ^[6]