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The levy on CD media actually stayed the same, and will remain the same through 2004 (link). Only mp3 players with non-removable storage media are charged. Removable storage devices, and also recordable DVDs, are exempt. I believe the act covers only music, not all content.

This uploading/downloading part is what I don't get. Where do they think the downloads come from? Under the analogy that downloading is the 'borrowing', wouldn't me sharing my files just be the 'allowing you to borrow', as opposed to the 'distribution'? It's not like I drag and drop my mp3 files onto your desktop. Anyway, the 'downloading legal, uploading illegal' is the position of the Copyright Board of Canada, not the Canadian legal system (yet).

I believe you interpreted the ruling perfectly.

"On March 19, 1998, Part VIII of the (Canadian) Copyright Act dealing with private copying came into force. Until that time, copying any sound recording for almost any purpose infringed copyright, although, in practice, the prohibition was largely unenforceable. The amendment to the Act legalized copying of sound recordings of musical works onto audio recording media for the private use of the person who makes the copy (referred to as "private copying"). In addition, the amendment made provision for the imposition of a levy on blank audio recording media to compensate authors, performers and makers who own copyright in eligible sound recordings being copied for private use."

-- Copyright Board of Canada: Fact Sheet: Private Copying 1999-2000 Decision

Seems like sealand will be the one place to upload anything sooner or later.

In fact, the Canadian copyright board ruled on Friday that P2P downloading of copyrighted music is legal in Canada. Uploads, however, are illegal.

CNet is running an article on this right now. The decision (PDF) is here.

Ok, gettings back to the point, P2P downloads of music have exposed me to artists I wouldn't have known of otherwise, and I have bought more music becuase of it. I do claim this is good for artists and the music industry... who it's not good for is the big record labels.

Unfortunately for the big record labels, most of the music I've wanted to buy was from independent bands. Until P2P I had largely listened to signed bands -- mostly because that's what almost everyone was exposed to. With the advent of P2P, a lot of smaller bands got far more exposure... many (most even) of them are pretty rotten, but a few are great, and I do make an effort to support them.

To be fair, I think our IP laws are in need of serious reform, but I do support the right of musicians and other people who produce creative works to receive compensation.

• Copyright Board Freezes Private Copying Levies for 2003 and 2004
• Copyright Board freezes music-media levies

The Copyright Board of Canada has just announced the details... Less onerous than anticipated.

Overview(all amounts in Canadian $)

The old levy amounts are now the new levy amounts with some additions

40 minute cassette tapes or longer - $0.29
CD-R/RW $0.21
CD-R Audio, and Minidiscs $0.77

New Items:

non-removeable memory in MP3 players(aka digital audio recorders):
$2 per unit up to 1Gbyte capacity
$15 per unit from 1Gbyte to 10Gbyte capacity
$25 per unit over 10Gbyte capacity

No levy on DVD-R/RW, removeable memory (Flash or micro-hard drive)

This is a clear win for the over 1500 people who made submissions to the board, the 100 who officially objected and the 30 who saw the process all the way through to the end.

The board's ruling is at: Main Page and News Release

Overview(all amounts in Canadian $)

The old levy amounts are now the new levy amounts with some additions

40 minute cassette tapes or longer - $0.29
CD-R/RW $0.21
CD-R Audio, and Minidiscs $0.77

New Items:

non-removeable memory in MP3 players(aka digital audio recorders):
$2 per unit up to 1Gbyte capacity
$15 per unit from 1Gbyte to 10Gbyte capacity
$25 per unit over 10Gbyte capacity

No levy on DVD-R/RW, removeable memory (Flash or micro-hard drive)

This is a clear win for the over 1500 people who made submissions to the board, the 100 who officially objected and the 30 who saw the process all the way through to the end.

The board's ruling is at: Main Page and News Release

Canadians have the right to copy a friend's CD, or to make a CD of downloaded music, or to record music from the radio, all without the permission of the copyright holder. That right that was granted by the 1998 Copyright Act amendments.

Those aren't fair use rights. They are private copying rights, and go beyond fair use rights. As far as I know, Americans don't have those rights; if Americans did those things that would be piracy.

Read some of the links I posted, e.g. this backgrounder or the Copyright Act. If you still disagree with me after doing some research, tell us the basis for your disagreement.

Canadians have the right to copy a friend's CD, or to make a CD of downloaded music, or to record music from the radio, all without the permission of the copyright holder. That right that was granted by the 1998 Copyright Act amendments.

Those aren't fair use rights. They are private copying rights, and go beyond fair use rights. As far as I know, Americans don't have those rights; if Americans did those things that would be piracy.

Read some of the links I posted, e.g. this backgrounder or the Copyright Act. If you still disagree with me after doing some research, tell us the basis for your disagreement.

Looks like it's too late for anyone to complain, unfortunately. Would be nice if stuff like this was publicized in time for those of us who don't have the patience to keep close watch on the government to get involved.

What other industry get's to collect free money from the government on the chance that someone somewhere might do something illegal??

Copying music for your personal use is not illegal in Canada. The Copyright Act allows it, and puts the levy in place to compensate the copyright holders.

There's a long list of groups who use blank media who are exempt from the levy, but it's probably hard for an individual to get on that list.

1. Go to France and learn how to protest

   What if university and college students in Toronto, Ottawa, Montreal etc. shut their cities down when things like this happened?

2. Join the NDP or the Green party and get involved

   The New Democrats and the Greens are the only parties in the country that don't have the "yes sir, no sir, may I please suck your balls sir?" attitude towards industry.

3. Write to SOCAN and demand a refund for all the CDs you've bought

   Send SOCAN your receipts and tell them what you've done with your discs - burned Linux ISOs, saved photos, etc. Also, tell them that you wouldn't pirate their music, since it's all slop anyway.... OR

4. Run a "music exchange"

   Really rub the private copying decision in SOCAN's face by having a "music exchange". Get a bunch of computers with fast CD-burners, then invite a whole bunch of people and tell them to each bring 10 of their favourite CDs. Then give everyone free blank discs. As long as the person who's keeping the copy actually MAKES the copy (i.e. puts the discs in the provided computer, clicks "copy", collects discs), it's all nice and legal.

You should check out this Canadian Copyright Board fact sheet. It is okay to copy music recordings; it's not piracy, it's legal private use. The levy is the way that people who copy recordings pay for their music.

Yes, it's definitely an issue that blank recording media is used for other things besides recording music. But the issue is that the levy may not be targeted as well as it should be, not that it is "welfare to support those who don't feel like they should have to pay for music".

I really do encourage you to read that fact sheet. It is surprisingly clearly written for something coming from the government. For example, can you believe that this was written by a government board?

4. I buy blank CDs regularly to use in my computer. Are they subject to the levy and if so, how much is it?

Both "ordinary" CD-Rs and CD-RWs and their "Audio" counterparts can be used to copy music. Having said this, most CDs used to copy music are "ordinary" CD-Rs and CD-RWs (for which the levy is 21 cents), not "Audio" products (for which the levy is 77 cents).

CD-R Audio and CD-RW Audio products were created at least in part to comply with US legal requirements. They are encoded so as to be recognized as audio products when played on digital audio recording equipment and may not be readable by all CD-ROM drives. Otherwise, they are technologically identical to their non-Audio counterparts.

CD-Rs Audio and CD-RWs Audio are marketed as such, and are sold at a much higher price (sometimes twice as much or more) than "ordinary" CD-Rs and CD-RWs. They also represent less than one per cent of the Canadian recordable CD market.

From a practical perspective, if the package of blank CDs you purchase does not state that they are Audio CDs or "for music use only", then they are subject to a levy of 21 cents.

The use to which a recordable CD is actually being put does not determine whether it is subject or not to the levy. Manufacturers and importers of blank CDs pay royalties on all the CDs they sell blank.


Note that this page is a little old; those rates they state are probably out of date.

I prefer living in a country where it's not illegal to make a copy of a CD for my own use.

It's not a misconception, it's part of the 1998 revisions to the Copyright Act. See the "Private Copying" section of this Copyright Board fact sheet.

Canadians are explicitly allowed to make copies of recordings for private use. Not just backups, recordings of other items too. And the levy is designed to pay for this. To quote:

The amendment to the Act legalized private copying of sound recordings of musical works onto audio recording media - i.e., the copying of pre-recorded music for the private use of the person who makes the copy. In addition, the amendment made provision for the imposition of a levy on blank audio recording media to compensate authors, performers and makers who own copyright in eligible sound recordings being copied for private use.

This isn't the only thing going on in the world of media, if you look at the copyright board of Canada, most of the upcoming issues are all dealing with SOCAN, CMRRA and the NRCC.

Let's see... SOCAN, CMRRA , SOCAN/NRCC, CMRRA, SOCAN, NRCC

Included issues are: radio stations, pay audio services, radio, radio, ringtones, background music, and tariffs tariffs, tariffs

Isn't this a bit insane? I mean, tariffs on ringtones...? Looking at the recent news page you would think that the copyright board only deals with audio issues...

Yes, it is time for music producers to learn some new tricks, and stop milking the consumer.

If you want a brief description of each organization and various others, go here

This isn't the only thing going on in the world of media, if you look at the copyright board of Canada, most of the upcoming issues are all dealing with SOCAN, CMRRA and the NRCC.

Let's see... SOCAN, CMRRA , SOCAN/NRCC, CMRRA, SOCAN, NRCC

Included issues are: radio stations, pay audio services, radio, radio, ringtones, background music, and tariffs tariffs, tariffs

Isn't this a bit insane? I mean, tariffs on ringtones...? Looking at the recent news page you would think that the copyright board only deals with audio issues...

Yes, it is time for music producers to learn some new tricks, and stop milking the consumer.

If you want a brief description of each organization and various others, go here

This will legalize P2P sharing just as well as it legalizes CD-copying.

I'm sorry man, but it's obvious that you care more about "winning" an argument than actually answering the question of whether or not it's legal to copy a CD for your own private use in Canada.

If you're unwilling to believe a word anyone tells you here (unless it agrees with your argument) then why even bother? Some feeling of self-worth? If you really care, go read the act itself. Here's a Government of Canada website that should make it abundantly clear to you that it is OK to copy for private use. Personally, I feel I've done enough research for you already, and I won't waste anymore time on you. If you have something concrete to offer other than "I don't believe you", please feel free to post it, otherwise, shut the fuck up.

Uhh, try using the CURRENT tarriff, and not the one that expired three years ago! Here is the current tarriff for blank media. Note that even though it only starts out as a proposal, these are the real tarriffs being collected, as per this decision.

Actual tarriff on blank data CDs in Canada is $0.21.

Uhh, try using the CURRENT tarriff, and not the one that expired three years ago! Here is the current tarriff for blank media. Note that even though it only starts out as a proposal, these are the real tarriffs being collected, as per this decision.

Actual tarriff on blank data CDs in Canada is $0.21.

He might not be able toback it up, but I certainly can. Here are current tarrifs and here are the proposed tarrifs. Note that the first set of proposed increases to tarriffs were somewhat shot down in favor of the ones listed above.

For those of you who want to go straight to the original, here is the official proposal. Note that in this proposal, they wanted to charge a full $21/GB for hard-drives in MP3 players. This actually would have raised the price of an iPod or similar such device (20GB hard drive) by a full $410. Given that the current going price for a 20GB iPod is roughly $500 to $600 CDN, this would have come close to doubling the price.

In the updated levy, the charge would be ~$110 for a 20GB MP3 player.

'On March 19, 1998, Part VIII of the Copyright Act dealing with private copying came into force. Until that time, copying any sound recording for almost any purpose infringed copyright, although, in practice, the prohibition was largely unenforceable. The amendment to the Act legalized copying of sound recordings of musical works onto audio recording media for the private use of the person who makes the copy (referred to as "private copying"). In addition, the amendment made provision for the imposition of a levy on blank audio recording media to compensate authors, performers and makers who own copyright in eligible sound recordings being copied for private use. The Copyright Board's decision issued today sets a levy for this purpose.'

You are wrong, we don't may that much. It is only 5Cents on normal CD-R and CD-RW, and 60.8 cents on those that are labelled AUDIO. Read it for yourself Copyright Board's Decision Private Copying 1999-2000

3. (1) Subject to subsection (2), the levy shall be
(a) 60c for each audio cassette of 40 minutes or more in length;
(b) 59c for each CD-R, CD-RW or each unit of any other type
of recordable or rewritable compact disc of 100 megabytes or
more of storage capacity;
(c) $1.23 for each CD-R Audio, CD-RW Audio or MiniDisc;
(d) 0.8c for each megabyte of memory in each removable electronic
memory card, each removable flash memory storage
medium of any type, or each removable micro-hard drive;
(e) $2.27 for each DVD-R, DVD-RW, DVD+RW, DVD-RAM
or each unit of any other type of recordable or rewritable DVD;
(f) 2.1c for each megabyte of memory in each non-removable
electronic memory card or each non-removable flash memory
storage medium of any type incorporated into each MP3 player
or into each similar device with internal electronic or flash
memory that is intended for use primarily to record and play
music;
(g) $21 for each gigabyte of memory in each non-removable
hard drive incorporated into each MP3 player or into each similar
device with an internal hard drive that is intended for use
primarily to record and play music.

3. (1) Subject to subsection (2), the levy shall be
(a) 29 for each audio cassette of 40 minutes or more in length;
(b) 21 for each CD-R or CD-RW;
(c) 77 for each CD-R Audio, CD-RW Audio or MiniDisc.

3. (1) Subject to subsection (2), the levy shall be
(a) 60c for each audio cassette of 40 minutes or more in length;
(b) 59c for each CD-R, CD-RW or each unit of any other type
of recordable or rewritable compact disc of 100 megabytes or
more of storage capacity;
(c) $1.23 for each CD-R Audio, CD-RW Audio or MiniDisc;
(d) 0.8c for each megabyte of memory in each removable electronic
memory card, each removable flash memory storage
medium of any type, or each removable micro-hard drive;
(e) $2.27 for each DVD-R, DVD-RW, DVD+RW, DVD-RAM
or each unit of any other type of recordable or rewritable DVD;
(f) 2.1c for each megabyte of memory in each non-removable
electronic memory card or each non-removable flash memory
storage medium of any type incorporated into each MP3 player
or into each similar device with internal electronic or flash
memory that is intended for use primarily to record and play
music;
(g) $21 for each gigabyte of memory in each non-removable
hard drive incorporated into each MP3 player or into each similar
device with an internal hard drive that is intended for use
primarily to record and play music.

3. (1) Subject to subsection (2), the levy shall be
(a) 29 for each audio cassette of 40 minutes or more in length;
(b) 21 for each CD-R or CD-RW;
(c) 77 for each CD-R Audio, CD-RW Audio or MiniDisc.

3. (1) Subject to subsection (2), the levy shall be
(a) 60 for each audio cassette of 40 minutes or more in length;
(b) 59 for each CD-R, CD-RW or each unit of any other type
of recordable or rewritable compact disc of 100 megabytes or
more of storage capacity;
(c) $1.23 for each CD-R Audio, CD-RW Audio or MiniDisc;
(d) 0.8 for each megabyte of memory in each removable electronic
memory card, each removable flash memory storage
medium of any type, or each removable micro-hard drive;
(e) $2.27 for each DVD-R, DVD-RW, DVD+RW, DVD-RAM
or each unit of any other type of recordable or rewritable DVD;
(f) 2.1 for each megabyte of memory in each non-removable
electronic memory card or each non-removable flash memory
storage medium of any type incorporated into each MP3 player
or into each similar device with internal electronic or flash
memory that is intended for use primarily to record and play
music;
(g) $21 for each gigabyte of memory in each non-removable
hard drive incorporated into each MP3 player or into each similar
device with an internal hard drive that is intended for use
primarily to record and play music.

Granted, this currently only applies to sneakernet and the application of this argument to peer-to-peer networks has yet to be tested in court. This is IMHO a very important point that needs to be clarified in Canadian law for the good of the public. Otherwise, everyone there runs the risk of having to double-pay for every song they get online -- once to download the song, and once again to burn it onto CD.

Once again I sit at my desk in Canada and read about this RIAA fiasco. It seems like in America someone is always looking for a fight not a peacefull resolution. This only hurts society in the long run and creates division among the masses. Up here in the North we don't view our citizens as "the enemy". To view how Canada has managed to find a respectable solution to this issue click here. This is the official government decision.

If anyone is interested we have lots of room up here. The winters are cold but the bandwidth is plentiful and cheap :)

Interesting article. I wonder if it's had any legal challenges?

I find it difficult to accept the authors interpretation though, particularly around the idea that a copy of a copy of a copy is still fine and the hosts are okay because it is the downloader making the copy.

There are a few other holes too, for example common-sense would indicate there isn't a 77 cent duty per CDR since I can buy CDR's for about 30 cents at any local or big-chain computer store. Another example is that the law says when copied to "audio recording media" which would be a stretch to include a hard-drive and specifically is not referenced in its levy list. Also, SOCAN (Society of Composers, Authors and Publishers of Music of Canada) seems to have a differing opinion as stated in tariff T22 (filed October 1999 in the Copyright Act, section 67) states that ISP's are liable for royalties on music files cached in proxy servers because they are now broadcasting the content. Perhaps the loop is home use in this case, but it seems like the law is definitely not clear.

None-the-less, I was surprised to see the legalization of private copy (thanks for the link), but I don't think this allowance would cover hosting in Canada since their providing of the files isn't for their own private use.

Hmm, found an answer on the 77 cent CDR tax, it's only 5.2 cents according to the link in the article. (I have no idea where he got 77 cents from). :-) ...maybe time to fire up my burner. <grin>

Interesting article. I wonder if it's had any legal challenges?

I find it difficult to accept the authors interpretation though, particularly around the idea that a copy of a copy of a copy is still fine and the hosts are okay because it is the downloader making the copy.

There are a few other holes too, for example common-sense would indicate there isn't a 77 cent duty per CDR since I can buy CDR's for about 30 cents at any local or big-chain computer store. Another example is that the law says when copied to "audio recording media" which would be a stretch to include a hard-drive and specifically is not referenced in its levy list. Also, SOCAN (Society of Composers, Authors and Publishers of Music of Canada) seems to have a differing opinion as stated in tariff T22 (filed October 1999 in the Copyright Act, section 67) states that ISP's are liable for royalties on music files cached in proxy servers because they are now broadcasting the content. Perhaps the loop is home use in this case, but it seems like the law is definitely not clear.

None-the-less, I was surprised to see the legalization of private copy (thanks for the link), but I don't think this allowance would cover hosting in Canada since their providing of the files isn't for their own private use.

Hmm, found an answer on the 77 cent CDR tax, it's only 5.2 cents according to the link in the article. (I have no idea where he got 77 cents from). :-) ...maybe time to fire up my burner. <grin>

"Both "ordinary" CD-Rs and CD-RWs and their "Audio" counterparts can be used to copy music. Having said this, most CDs used to copy music are "ordinary" CD-Rs and CD-RWs (for which the levy is 21), not "Audio" products (for which the levy is 77)."

I don't believe this makes P2P filesharing legal.

Section 80 subsection B specifically invalidates subsection A if the copies made are being used for distribution. Since P2P filesharing is technically distribution, it would mean that sharing your mp3s in a P2P app is still copyright infringement.

Here is the relevant section

sigh... pity I can't log in... I could use the karma...

sigh... pity I can't log in... I could use the karma...

I would direct everybody to s. 80 (2) of the (Canadian) Copyright Act, which states that "Subsection (1) does not apply if the act [of copying]" is done for "(b) distributing, whether or not for the purpose of trade;" or "(c) communicating to the public by telecommunication;"

Now, I am not a lawyer, but I am a Canadian law student, and it seems pretty clear to me that a court would NOT interpret the statute as legally permitting another person to download a copy of a work protected by copyright from my hard drive over a P2P network.

No, this is very different from Fair Use.

Your fair use system requires that:

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

the nature of the copyrighted work;

the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

the effect of the use upon the potential market for or value of the copyrighted work.

(more here)

We also have our own version of Fair Use which is similar to yours.

The law that this article is talking about is very different from that. The article explains that so you should know this but just to be clear: Recordable media sold in Canada has a levy placed on it. The money from this levy is distributed to various parts of the music industry to make up for supposed lost profits that arrise from the unpreventable copying of music by consumers. This is a provision that goes well beyond fair use.

Lucky us.

I live in CANADA, and I LOVE IT, they protect our rights to use p2p. I found the actual legal documents located here!. Not to rub it in to all of you people getting in trouble with the RIAA.

The relevant link is here.

The important bit is that it is legal to make a copy for personal use, but it is not legal to make a copy for the purposes of distribution (whether or not it's for money) or for "communicating to the public by telecommunication" (which could be argued to include P2P systems).

The article leaves out mention of subsection 2 of the relevant section.

Subsection 2 states that copying is not allowed if it is for the purposes of: (a) selling or renting out, or by way of trade exposing or offering for sale or rental; (b) distributing, whether or not for the purpose of trade; (c) communicating to the public by telecommunication; or (d) performing, or causing to be performed, in public.

It seems to me that it would not be hard to make a legal argument that P2P file sharing is prohibited by either section (b) or (c).

Sharing or uploading is legal. See this analysis, or (linked in that article) straight to the source.

It's that simple.

Here is an interesting article on Canadian copyright: Will Canada become THE file sharing nation?

Here is what the Copyright Board's decision stated in regards to "Private copying":

On March 19, 1998, Part VIII of the Copyright Act dealing with private copying came into force. Until that time, copying any sound recording for almost any purpose infringed copyright, although, in practice, the prohibition was largely unenforceable. The amendment to the Act legalized copying of sound recordings of musical works onto audio recording media for the private use of the person who makes the copy (referred to as "private copying"). In addition, the amendment made provision for the imposition of a levy on blank audio recording media to compensate authors, performers and makers who own copyright in eligible sound recordings being copied for private use. The Copyright Board's decision issued today sets a levy for this purpose.

- from Copyright Board's Decision Private Copying 1999-2000

One of the complications that is slowing the opening of iTunes Music service in Canada is that borrowing your friends CD collection, and copying for your self is perfectly legal in Canada.

There are some strings attached, you're not allowed to sell or broadcast from the copies, for example, and you need to copy from originals.

The legal question is, are 'mixed' CDs composed of individual tracks purchased from iTunes originals you can copy from or not. The CRIA says "no, you can't copy from those CDs", the government says "yes, according to the law, you can."

our copyright laws are different.

In the Canadian Copyright Act, there is a provision for collecting a levy on blank audio recording media. Because of this, there is also a provision for private copying (Part VIII).

Basically, in Canada, it is legal to make a copy of music that you don't own if it will be used exclusively for personal purposes.

IANAL, but I interpret this as meaning that downloading music from Kazaa (and not sharing it) is legal.

So, who needs iTunes in Canada?

At first glance subsection 1 seems to allow it, but don't stop there. Let's look at subsection 2 which has the Thou Shalt Nots:

(2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):

(a) selling or renting out, or by way of trade exposing or offering for sale or rental;

(b) distributing, whether or not for the purpose of trade;

(c) communicating to the public by telecommunication; or

(d) performing, or causing to be performed, in public.

I think the people who trust that this allows endless copying also trust the magic phrase "Are you a cop?" too.

Adding some more information - Copyright Act from the Copyright Board of Canada's website seems to make it pretty clear. Reading it, though, does open up a new can of worms. You could argue that copying an MP3 file from p2p network for private use also does not constitute infringement, though I've rather leave it to the courts to decide. :p

RECEPTIONS, CONVENTIONS, ASSEMBLIES
AND FASHION SHOWS
(in 1997 and 1998)

For a licence to perform, at any time and as often as desired in
1997 and 1998, any or all of the works in SOCAN?s repertoire, at
receptions, conventions, assemblies and fashion shows, where the
performances have not been contracted for by a licensee of
SOCAN, the operator of the premises shall pay in advance for
each event at such reception, convention or assembly or for each
day on which such fashion show is held, as follows:

Without dancing $28.75
With dancing $57.55

These haven't been legislated. They're just recording industry recommendations from a lobby group called the Canadian Private Copying Collective. Incidentally, some large tech importers and manufacturers, as well as consumers are heavily lobbying against these tariffs, through the CCFDA. I don't think they will see the light of day.

An interim decision on tariffs for recording media can be found at here. It certainly doesn't look like the outrageous tariffs recommended are being taken seriously.

I would choose to politely disagree. Look at Canada as an example: We are right next to the US, but do we see any effect from these laws?

While it does seem that the DMCA hasn't polluted Canada's legal system yet, it is far from a closed issue. Canada has a stiff media levy, and is considering upping the rate. Moreover, this levy is specifically intended as a levy for making private copies of the music a consumer has already purchased, trampling the notion of archival copies (not to mention fining people for backing up their own data on CDR).

Here's the proposed "Private Copying" legislation.

The CCFDA is working with Industry and Heritage Canada to stop the newly purposed levy that would see the cost of a pack of 100 blank CD soar 181 per cent. Currently, a pack of 100 blank CDs includes a levy of $21 on a retail price that averages $50. If the Canadian Private Copying Collective's (CPCC) proposal is approved, this levy could average $59 per pack at an average retail price of $88 plus tax, said Diane Brisebois, president and CEO of the Retail Council of Canada.

Yup - copying music (for personal use) is perfectly legal here in Canada. Its section 80 of the copyright act.

Read it here: copyright act

Just before section 79 you will see the heading "Private copying". Is that a misspelling of "pirate" by any chance?