This presupposes the uploader resides in Canada and/or a jurisdiction where uploading would be considered illegal. The borderless nature of the Internet allows people to skirt the "accomplice" implications of the downloader-uploader relationship.johnells said:And if you think about it, 'it takes two to tango' so you can't download unless someone is willing to upload.
What is not:Copying for Private Use
Where no infringement of copyright
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.
(b) & (c) are where you would run into problems with offering it up for downloading.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.
1997, c. 24, s. 50.
No, go read the rationale behind the levy at http://www.cb-cda.gc.ca/decisions/c12122003-b.pdf and the fact sheet at http://www.cb-cda.gc.ca/news/c20032004fs-e.html . The levy is not to compensate for people stealing music, it is to pay for you to have the right to make copies of music you legally own. The copyright owners, strangely enough, have the right to make copies of their material, and so do you by paying for that right with your purchase of a CD-R. If you choose not to exercise that right by putting your own data on that CD-R instead of a copy of your latest Limp Bizkit album, so what.ch-homer said:Where it now gets confusing is, why is the Canadian Recording Industry trying to get ISPs to hand over the identities of file sharers now? Your right Human (and so is the National Post), the levy is in place because they feel that anyone buying blank CDs or MP3 players in Canada must be steeling music, so they are getting their money (in fact they are getting their money TWICE from anyone who buys legal music).