Michael Geist lauds CRIA; jeers RIAA’s “hassle” policy

The difference between commercial piracy and private copying was clear in the Copyright Act’s s.80, it was made clearer by BMG v. John Doe, and now we can see the difference in action. Professor Michael Geist compares the RIAA’s “hassle the P2Pers” policy with CRIA’s action against commercial pirates:

CRIA Announces Shut Down of Canadian Counterfeiting Operation

Where was the RIAA’s action or applause in this investigation by CRIA and the RCMP into the kind of activity that really does impact the recording industry?

Just so we’re perfectly clear about Canadian law, which is pretty reasonable (and hence the revolt against Minister of Information Control Jim Prentice’s Copyright Reform Bill):

Copyright Act, R.S.C. 1985 c.C-42, s.80:

80. (1) Subject to subsection (2), the act of reproducing all

 or any substantial part of

(a) a musical work embodied in a sound recording,

(b) a performer's performance of a musical work embodied

in a sound recording, or

(c) a sound recording in which a musical work, or a

performer's performance of a musical work, is embodied

onto an audio recording medium for the private use of the person

who makes the copy does not constitute an infringement of the

copyright in the musical work, the performer's performance or

the sound recording.

Limitation

(2) Subsection (1) does not apply if the act described in that

subsection is done for the purpose of doing any of the following

in relation to any of the things referred to in paragraphs (1)(a)

to (c):

(a) selling or renting out, or by way of trade exposing or

offering for sale or rental;

(b) distributing, whether or not for the purpose of trade;

(c) communicating to the public by telecommunication; or

(d) performing, or causing to be performed, in public.

What we have here is the explicit statement, in the legislation, that private use copying – anathema to the RIAA – is a personal act that does not constitute a crime; and the exception that when that copying becomes commercial in almost any way (that’s a pretty thorough list in subsection (2)) it is illegal. We have now seen this latter pursued by CRIA and the RCMP, and nothing but noise from the RIAA. It seems that the RIAA only has teeth when going after teens, grandfathers, and even dead grandmothers (EFF Amicus Brief; Lava, et al. v. Amurao), and perhaps CRIA is starting to focus on actual criminals.