Re: My Website Has Been Taken Down

["Bill Buckels" <bbuckels@mts.net>]

<bazyar@gmail.com> wrote:
>And while it may be annoying, counter-productive and just downright silly 
>to say, in 2009, that "you can't put my copyrighted work online" (who is 
>going to make money on this stuff now??), the law is 100% behind Vince.

The law is never 100% behind a holder of a Copyrighted work. That's just not 
right. Copyright cannot be used to withold works from the public. Even if I 
wasn't using some other exception like Research and Private study, I would 
argue and might win if the work was only a copy and I was only making a copy 
of a copy, and the work had been priced beyond what the market would bear 
and as a result was no longer commercially available. If there was a history 
of fraudulent payments and other nasty stuff which led to the collapse of a 
product's value and availability I am certain that would be considered as 
well in awarding any claim especially here in Canada with respect to a 
parochial foreign claim. They don't extradite for trivialities here and 
foreign courts have no jurisdiction here. Also I doubt if a US court would 
entertain prosecuting a Canadian citizen who is within his rights.

Under the scenario above if the work then became available again  I would 
not be liable in the interim and if the work was not available I would tell 
the author to sue me, and be prepared to spend lots of time and money doing 
so with my rights in mind as well as his.

In Canada some of my rights in the Fair Dealing exception are as follows 
(from my archive to your archive or vice-versa):

30.1 (1) It is not an infringement of copyright for a library, archive or 
museum or a person acting under the authority of a library, archive or 
museum to make, for the maintenance or management of its permanent 
collection or the permanent collection of another library, archive or 
museum, a copy of a work or other subject-matter, whether published or 
unpublished, in its permanent collection

(a) if the original is rare or unpublished and is

(i) deteriorating, damaged or lost, or

(ii) at risk of deterioration or becoming damaged or lost;


(b) for the purposes of on-site consultation if the original cannot be 
viewed, handled or listened to because of its condition or because of the 
atmospheric conditions in which it must be kept;

(c) in an alternative format if the original is currently in an obsolete 
format or the technology required to use the original is unavailable;

(d) for the purposes of internal record-keeping and cataloguing;

(e) for insurance purposes or police investigations; or

(f) if necessary for restoration.

Limitation

(2) Paragraphs (1)(a) to (c) do not apply where an appropriate copy is 
commercially available in a medium and of a quality that is appropriate for 
the purposes of subsection (1).