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Download the PDF - Publications - McGill University

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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

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