[mythtv-users] Copyright Legislation in Canada

[Nick Rout]

On Thu, Jul 10, 2008 at 5:43 AM, Charles philip Chan
<cpchan at sympatico.ca> wrote:
> Brad DerManouelian <myth at dermanouelian.com> writes:
>
>> If there is no technical protection measure on the original recording,
>> how could this be considered circumventing a technical protection
>> measure?
>
> AFAIK PVRs are allowed, but must comform to the PVR section of the bill
> with such "nice" features:
>
> ,----
> | "Bill C-61: PVRs built in compliance with the bill are not allowed to
> | keep a permanent library of your shows. They will be built with a
> | limited amount of storage and with no backup capability, and just to be
> | safe, all shows recorded on a PVR will be deleted if they are kept for
> | longer than a pre-specified amount of time."
> `----
>
> ,----
> | ripping songs from your legally purchases CDs, if it has any copy
> | protection whatsoever, on it will earn you a $500 fine per song.  No
> | more MP3's on your MCE (or MP3 player) No more "My Videos"
> `----
>
> This renders the PVR function, DVD playing + archiving (DeCSS), and CD
> playing + archive of MythTV illegal in Canada.
>
>> I agree. This law should not pass based on the little I've read about
>> it, however even if it does, I still don't see how MythTV would be
>> illegal in any way.
>
> I believe I have answered that. I am not a pirate, I just want my "fair
> dealing" rights for time + space shifting and backup of my legally
> purchased CDs and DVDs.
>
>> Oh, I also hate top-posting. Maybe there should be a law about that.
>
> I agreed. ;-)

Here, FWIW is the law that was recently passed in NZ, but I am not
sure if it is in force yet:

 Recording for purposes of time shifting

      "(1) A person (A) does not infringe copyright in a programme
included in a communication work, or in any work included in it, by
recording it, if—

            "(a) A makes the recording solely for A's personal use or
the personal use of a member of the household in which A lives or
both; and

            "(b) A makes the recording solely for the purpose of
viewing or listening to the recording at a more convenient time; and

            "(c) the recording is not made from an on-demand service; and

            "(d) A has lawful access to the communication work at the
time of making the recording.

      "(2) However, subsection (1) does not apply, and A does infringe
copyright in the communication work recorded and in any work included
in the communication work, if—

            "(a) A retains the recording for any longer than is
reasonably necessary for viewing or listening to the recording at a
more convenient time; or

            "(b) in the event that the person who views or listens to
the recording wishes to make a complaint to a complaint authority, A
retains the recording for any longer than is reasonably necessary to
prepare and despatch the complaint.

      "(3) If a person infringes copyright under subsection (2), the
recording is treated as an infringing copy."

I guess the crunch would be how long is a reasonable time ot retain
the recording?