Keywords
Podcasting, copyright, licensing regime for podcasting
Abstract
This article examines podcasting and its specific characteristics to see, first, where it fits within Canada’s copyright law, and second, how the licensing regime for musical works in Canada applies to podcasting. The discussion next turns to whether or not the current licensing regime for podcasting is desirable in light of the purpose of copyright in Canada, and with a view to the various interests at stake: those of artists, in being paid, and those of society, in enabling podcasters to access material in order to produce their work. An examination of the current and proposed licensing regime and its implications leads to the conclusion that it is not very feasible for amateur or non-commercial podcasters to operate legally in Canada if they use musical content, and that at the very least, podcasting should be covered by different tariffs than commercial Internet broadcasters or download services. The paper then goes on to explore suggestions that have been made to better serve the interests of rights holders, while also allowing more inexpensive access to users — the people who consume (listen to or watch) podcasts — in the online environment.
Recommended Citation
Keith Sutherland, "Licenced to Thrive? Podcasting and Copyright Law in Canada" (2006) 5:3 CJLT.
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