Volume V

Issue : 4: February 22, 2007

• Travel Websites Clamp Down on False Reviews
• Canadian Court Orders U.S. Website Probed for Privacy Violations
• Company Fined for Laptop Theft
• Virtual Wallet Funds Frozen by FBI
• IBM Worker Sues His Employer for Being Fired for Accessing Adult Chat Rooms While at Work
• MySpace Action Dismissed
• RIAA Found Liable for Defendants Costs in File Sharing Case
• Connecticut Moves to Ban Internet Hunting
• Wal Mart Launches Online Video Store
• Canadian Copyright Collective Seeks Private Copying Levy for iPods

Home > Volume V > Issue 4: February 22, 2007 > Canadian Copyright Collective Seeks Private Copying Levy for iPods

Canadian Copyright Collective Seeks Private Copying Levy for iPods

The Canadian Private Copying Collective (CCPC) has asked Canada’s Copyright Board to impose levies on the sale of digital audio recorders and removable electronic memory cards, and increase rates on other blank audio recording media. Any person wishing to object to the levy statement may file written objections with the Copyright Board within 60 days (i.e. no later than April 11, 2007).

Specifically, the CCPC seeks the following new levies for 2008-2009:

For removable electronic memory cards in the Secure Digital, MultiMedia, and Memory Stick formats with more than 256 MB of memory: $2 for each card with no more than 1 Gigabyte (GB) of memory; $5 for each card with more than 1 GB and no more than 4 GB of memory; and $10 for each card with more than 4 GB of memory; and

For digital audio recorders: $5 for each recorder with no more than 1 Gigabyte (GB) of memory; $25 for each recorder with more than 1 GB and no more than 10 GB of memory; $50 for each recorder with more than 10 GB and no more than 30 GB of memory; and $75 for each recorder with more than 30 GB of memory.

The CCPC has sought similar levies on digital audio recorders in the past. However, the Federal Court of Appeal struck their imposition:

It can be seen from the Board's own reasoning and from the tariff which it certified that it is the device that is the defining element of the levy and not the memory incorporated therein. The Board cannot establish a levy and determine the applicable rates by reference to the device and yet assert that the levy is being applied on something else.

CCPC’s current proposal seeks the levy on the digital audio recorders themselves as an “audio recording medium” rather than on the memory embedded in these devices, in order to address the Court’s decision. Further, to address the Board’s prior refusal to impose a levy on removable electronic memory, CCPC states it has research to support the levy on specific memory formats.

For additional information, visit:

http://www.cb-cda.gc.ca/tariffs/proposed/c10022007-b.pdf

For a copy of the Federal Court of Appeal decision, visit:

Canadian Private Copying Collective v. Canadian Storage Media Alliance