Reproducing sound recordings in Canada and the law.

The Copyright Act is federal legislation in Canada that governs the reproduction of sound recordings in the public.  Section 18(1) of the Act states that only the creator has the sole right to reproduce or consent to the act of reproduction.  The creator of the sound recording is the originator.    It would be very difficult for a DJ to obtain the consent directly from  the  owner  to play a copy of his/her music and therefore copyright collectives manage and administer the program on behalf of the creators of sound recordings.  

Audio Video Licensing Agency (AVLA) is the copyright collective that administers the licensing in Canada on behalf of the originators of sound recordings or record label companies for public use.   They collect the licensing fees directly from DJs and banquet hall managers to ensure compliance.    

A license is required anytime you are reproducing music in the public. If DJs are playing the original sound recording,  a license is not required.    An original medium can be a  CD, cassette or vinyl album.  These can be identified by the original artwork and logo.  A  DJ license is only  required when DJs reproduce sound recordings on a recording medium.    

A regular DJ license is required if a DJ is reproducing music on a CD-R, cassette or mini disc.  This permits DJs to reproduce music up to  100 physical mediums.  An additional  license is required for each additional  100 physical mediums.    The cost of a standard license per year varies in each province and it is  very minimal.  

A hard drive license is required when DJs reproduce music on their hard drive in  MP3 format.  DJs may copy as many sound recordings as required, however,  for each additional hard drive; an additional license is required.  The hard drive license fees also  vary in each province and the fee is a few hundred dollars per year.    All original licenses must be displayed at the station where the DJ is performing.  

Downloading music for public purposes is illegal. Some programs  include, but are not limited to:  Kazaa and eDonkey.  You can download this music for private enjoyment but when you are playing this music in the public forum, this is illegal.  However,  “PromoOnly” which is an AVLA licensed music service has introduced the first legal pay per track download site in Canada for commercial subscribers. This new service is called PODDS and is the first legal alternative for Djs. Users of this product are permitted one download and 3 burns per track. If the DJs source is only PODDS, they do not require a license. 

If a DJ is subscribing to an AVLA Music Supply Service CD, a license is not required, as these subscriptions are already AVLA licensed.  However, you cannot copy Music Supply Service CDs.  This is illegal.  As a DJ, you want to convey a professional image to your clients.  By doing so, you can ensure that all your sound recordings are properly licensed to avoid the risks of violating the Copyright Act.  

In summary, just remember that a license will be required anytime you copy onto a medium.  You do not need a license if you are playing the original CD at your function.  These licenses can be obtained by application to Audio Video Licensing Agency at  Downloading music at public functions is strictly prohibited, and copying AVLA Music Supply Services CDs is also illegal. 

Those of you planning your wedding, social or banquet, ensure your DJs sound recordings are properly licensed, especially when they are copying music.  Ask the DJs for their license, and check to see that it is valid by looking at the expiry date.


Counterfeit Mirrored Wall-Mount Fireplace found in Winnipeg.


Name of Product: Mirrored Wall-Mount Fireplace, Models TF-2303ERA and TF-2307ERA.   Counterfeit CSA marks are found on the packaging and on the unit.


Surveillance & the Privacy Laws in Canada – Duncan Investigations Inc.

This case involves a patient named D. Ferenczy.  She sued her doctor for professional negligence in the diagnosis and the treatment of a cyst located on the inner part of her left wrist. The procedure was carried out on February 17, 1999. The plaintiff, D. Ferenczy, claimed that as a result of the failed procedure, she was unable to hold small items for a long period of time with her left hand. She further claimed that she was unable to work, and she subsequently claimed she suffered a loss of income.

The defendant, the doctor, disputed her claim. A private investigator was retained by the Canadian Medical Protective Association to dispute the credibility of the plaintiff’s evidence. This association provides defense assistance to physicians who are being sued for medical malpractice claims. The private investigator conducted a surveillance on Ms. Ferenczy and collected an eight minute video surveillance footage of Ms. Ferenczy holding a coffee cup at a coffee shop without any visible signs of physical impairment. This investigation was carried out without Ms. Ferenczy’s consent.

The Issue:
Whether or not the video tape could be admitted as evidence against Ms. Ferenczy as the Counsel for Ms. Denise Ferenczy argued that the taking of the video and its disclosure contravened the Personal Information and Protection of Electronics Act [PIPEDA], and therefore submitted the evidence rendered be inadmissible.

Court Ruling
The court ruled that the PIPEDA applies to personal information that is collected and disclosed for “commercial purposes”, and that defending a liability claim is not considered a commercial activity but that the collection of the information is being used for the purposes of defending the doctor in a civil lawsuit. The court also ruled that the collection, use, and disclosure of the videotape would not contravene the PIPEDA on the basis that private investigators are acting as agents for their clients, and furthermore, Ms. Ferenczy implicitly consented to the collection of the videotape evidence when she filed action against the Defendant. Justice Dawson further ruled that the collection of the videotape is related to the investigation of a claim, and therefore ruled the videotape evidence tendered at trial be admissible.

Janie Duncan is a licensed investigator in the Province of Manitoba

Arkansas Criminal Records.

We are an approved service provider for criminal records in the State of Arkansas. We have been approved by the Arkansas State Police to provide these searches for employers and professional licensing boards. We do require the written consent of the party. We also require a copy of their valid driver’s license. Once we obtain the proper documentation, we will submit the search online and the results are immediate. The search report will contain any pending felony arrests and felony or misdemeanor convictions for the State of Arkansas. If the person is registered as a sex offender, it will contain all levels – one through four. We will maintain your information on file for a period of three years for audit purposes.