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EP On IP<br />
Last fall, a law student group working on intellectual property issues (rethinking<br />
Intellectual Property Policy – rIPP) set out to distribute a compilation cD to<br />
students around <strong>the</strong> Faculty. The questions <strong>the</strong>y posed in determining how <strong>the</strong>y<br />
could do so legally merit <strong>the</strong>ir own extended play (EP) soundtrack:<br />
TrACK LisT<br />
1 is This CD FAir DeALiNg?<br />
The purpose of this Cd probably doesn’t<br />
fit under one of <strong>the</strong> enumerated exceptions<br />
to ©.<br />
2 CAN We ArgUe ThAT We hAVe AN<br />
eDUCATioNAL LiCeNCe?<br />
<strong>McGill</strong> doesn’t have a licence that covers<br />
this. Even though we would not be making<br />
any money, <strong>the</strong> songs are <strong>the</strong> bands’<br />
property and <strong>the</strong>y get to control every use.<br />
3 is There AN imPLieD LiCeNCe?<br />
It’s possible (but unclear) whe<strong>the</strong>r a band<br />
giving out a song for free online is<br />
tantamount to an implied licence for us to<br />
use <strong>the</strong> song.<br />
4 To Be sAFe, We shoULD ProBABLY AsK<br />
PermissioN<br />
We emailed a dozen bands explaining our<br />
project and <strong>the</strong> mandate of our club.<br />
5 hoW mANY rePLieD? TWo<br />
Great Lake Swimmers said we could use<br />
<strong>the</strong>ir song with proper attribution. Jenn<br />
Grant said she would love it if we used her<br />
song, but she would have to check with<br />
her manager. her manager said no.<br />
6 riPP<br />
This demonstrated to us what restrictions<br />
are in place for creating something as<br />
simple as a compilation Cd and why we all<br />
need to start Rethinking Intellectual<br />
Property Policy.<br />
©RIPP All rights reserved.<br />
(Lame joke, sorry)<br />
6<br />
FOCUS | LAW – FALL / AUTOMNE 2011 – MCGILL UNIVERSITY