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41683Re: Question to Authors

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  • Richard Krueger
    Nov 4, 2003
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      > I'm not a lawyer, so I don't know how it would be
      possible/acceptable
      > for Canada to have its own "fair use" (or whatever it's called) to
      > supercede/amend the Berne Convention.
      >
      > Tom

      International agreements are useless unless they are put into law in
      the countries that sign. Take the Berne Convention, for example.
      The agreement, like all other international "laws," is not law at
      all. It is up to the individual countries to make it law within
      their own governments. All of these countries have the right, as
      sovereign states, to makes changes to the agreement in their own laws
      as they see fit. There is nothing forcing Canada to have copyright
      laws of its own except a desire to maintain good faith with other
      governments. China, which finds it unnecessary to maintain this good
      faith, has no copyright laws at all.

      Canada has very lenient copyright laws. Napster, for example, was
      and still is 100% legal in Canada, as is Kazaa and any other file-
      sharing software, as long as the user downloads only and never
      uploads. The law in Canada is as follows: I can copy my own cd for
      personal use; I can make my own cd available for you to copy (this is
      what file-downloading is considered); I CANNOT copy my own cd and
      give it to you (this is what file-uploading is considered). The
      United States had a similar law in the early '90s regarding cassette
      copies, but appears to have made an about-face regarding mp3s, which
      is a shame. Mp3s are generally of poor quality. It's always better
      to have the cd, but if you can't hear the mp3s first to make a
      decision you're a lot less likely to buy the cd.

      Richard.
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