(Worst. Field trip. Ever.)
28.1 Any act or omission that is contrary to any of the moral rights of the author of a work is, in the absence of consent by the author, an infringement of the moral rights.So that's a pretty broad statement, in the heart of copyright law in Canada. But compare that to this, in sec. 80:
80. (1) Subject to subsection (2), the act of reproducing all or any substantial part ofSo on the face of it, it doesn't look like the CRIA has a leg to stand on - thanks to Skippy for pointing this out.
(a) a musical work embodied in a sound recording,
(b) a performer’s performance of a musical work embodied in a sound recording, or
(c) a sound recording in which a musical work, or a performer’s performance of a musical work, is embodied
onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer’s performance or the sound recording.
Still, the CRIA has a lot of money, and the means to make this in to a federal case (literally.) I suspect they'd lose, but we're likely to see this play out in court, I'd wager.