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Canada to Raise Tariffs on Recordable Media
Joel Ironstone writes: "A new Canadian levy will be introduced in 2003 on all recordable media (pdf). The magnitude of these tariffs is staggering: $1.23 for all CD-RW's, $2.27 on all DVD-R's, and get this: $21 for each gigabyte of storage on portable MP3 players. That's an extra 160 dollars for a Nomad." Like in the U.S., this tax is collected and given directly to the record industry, a governmental subsidy for no apparent societal benefit.
If you read the .pdf, you will notice that it is a PROPOSED leavy -- it hasn't been implemented yet.
That doesn't mean that it won't be, though. Canadians: contact your provincial premiere and let them know that the idea of a tarrif on media may be legit, but the prices proposed are simply unacceptable.
Hell, you elected them -- that's why they're there.
Right now, the tariffs for recordable media are as follows (from http://www.pch.gc.ca/culture/cult_ind/cpb-pdd/arc
Audio Cassette Tape > 40 minutes = $0.29
CD-R and CD-RW = $0.21
CD-R Audio, CD-RW Audio, and Minidiscs = $0.77
In 2003, this will nearly double, but the most significant impact is the $/GB:
CD-R and CD-RW = $1.23
DVD-R = $2.27
$/GB storage on MP3 player = $21
This is completely unfair for independant artists who release their tracks exclusively in MP3- their fans are effectively paying the recording industry to buy independant music.
Be sure to point out the fact it only is for blank audio media when buying blank DATA CDR's. The tarrif is only for the blank MUSIC media. (read the PDF.) Print out the PDF and take it to your local retailer who doesn't know the diffrence between a data and audio blank CDR.
The truth shall set you free!
Unless I'm misunderstanding? Please correct me if I am.
You left out subsection(2). If you look carefully, it's not legal to make a copy for the purpose of distributing, whether or not for trade (in other words, distributing for free isn't legal either). So, you own a CD. You are allowed to make a copy, BUT NOT TO DISTRIBUTE IT.
Furthermore, I do not see any text stating you are allowed to lend your CD to others for the purpose of copying. In fact, if you record music for the purpose of distributing, you've broken the law. S
So, you copy a cd, and lend it to a friend so they can copy it. Boom, you've broken the law because you've made a copy for the purpose of distributing that copy to others for copying.
This is all probably in there so that you can buy a cd, make copies of the cd for personal use (such as to play in the car, you cd player, etc), and lend the original to friends to make copies. That is, as long as they make the copy to keep for themselves. Anything else is a copy for the purpose of distributing.
80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of
(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.
Limitation
(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.
1997, c. 24, s. 50.
For land's sake, please respond to the request for comments! Doesn't matter if you're a Canuck or not: while they won't actually use a foreign comment, it will surely make an impression on them.
Comments should be emailed to majeau.claude@cb-cda.gc.ca
Please be polite but strong. Make it clear to them that this levy harms you, and is going to harm artists.
The most important bit of the proposal follows. Note that it doesn't matter that most of these media are used for data archival: everyone still gets punished because someone might copy a Canadian artist.
"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. "
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