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iPod Levy Denied
The Federal Court of Appeal has recently ruled that the Copyright Board erred in law when it concluded that it has the legal authority to certify the tariff proposed by the Canadian Private Copying Collective (“CPCC”) under Part VIII of the Copyright Act. The Canadian Storage Media Alliance and the Retail Council of Canada had applied to the Copyright Board for an order denying the portions of the CPCC’s proposed tariff relating to digital audio recorders such as iPods and other MP3 players; the Copyright Board dismissed the application. In an application for judicial review of the Board’s decision, Justice Sharlow held that the court’s 2004 decision in Canadian Private Copying Collective v. Canadian Storage Media Alliance, established that the Copyright Board has no legal authority to certify a tariff on digital audio recorders or on the memory permanently embedded in digital audio recorders.
For a copy of the Federal Court of Appeal decision, visit:
http://decisions.fca-caf.gc.ca/en/2008/2008fca9/2008fca9.html
For a copy of the Copyright Board decision, visit: