While the Americans are afraid to even enter a pirate website under the threat of a lawsuit, Canadians encounter no restriction in downloading whatever kind of music they like. Moreover, why would they encounter any? The…
The author will also try to explain why Canada has the highest rate of illegal MP3 downloads in the world. The author will analyze the legislative acts that regulate the copyright protection in Canada and will point out their weak points, those that make illegal music downloading possible and, to some extent, legal. Examples of law cases based on illegal MP3 download will be produced and analyzed. The research paper will be concluded with several suggestions on how this situation might be improved in such a way that Canada is no longer the “winner” among the top countries with the highest level of piracy in music downloads.
The USA Digital Millennium Copyright Act has certainly gained its “fans” among the people who not so long ago were downloading mp3s without any restriction and who now must check twice before accepting a download or a file-sharing. The Digital Millennium Copyright Act has outlawed many online activities, among which it is easy to find the mp3 downloading. So, unless you are a librarian who desperately believes that music is important for the library (and you can even prove it) or a researcher, there is no other legal way which would allow you to download or share music files in USA. The DMCA and the United States Copyright Law also outlaw making copies of copyrighted music, unless it is for personal use. The infringements include penalties of thousands of dollars and jail sentence is also possible.
In the USA the copyright belongs to the composer and it is created from the moment that the composition is “fixed in any tangible medium of expression”1. So if one wishes to download that composition, it is recommended under the provisions of the US Copyright Law and the DMCA that he does it from an authorised legal site, by purchasing it from the provider. Furthermore, peer-to-peer sharing is also prohibited under the law regulations.
In Canada, on the other hand, music downloading ...
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