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Australian Gov't Lobbied To Implement Media Levies

TheScream writes "Screenrights has been activly promoting its proposal for a CD-R DVD-R levy (similar to that implemented in Canada, as previous reported on /.) with a 5 minute interview on popular Australian breakfast television show Today. News.com.au reports that Screenrights and APRA "...want a recording levy of between 3 per cent and 10 per cent..." and includes highly debateable mis-truths such as "Every kid does it, so let's facilitate some standards in the marketplace.""

27 of 235 comments (clear)

  1. Yeah, ok... by duffbeer703 · · Score: 1, Interesting

    ...highly debateable mis-truths such as "Every kid does it, so let's facilitate some standards in the marketplace."

    Nobody buys CDs anymore dude... why do you think new releases are $10.99 again? I don't think the music industry should entitled to having the government place a levy on CDRs, but don't try to argue that music piracy isn't rampant.

    --
    Conformity is the jailer of freedom and enemy of growth. -JFK
  2. GO home RIAA by Anonymous Coward · · Score: 3, Interesting

    Not to mention the FACT that this is a slap in the face of people that have programs THAT THAY MADE to back up not to mention small bisnesses that require acouting records backed up on to CD.
    Hell I wouldent be to surprosed if Micro$soft isnt suporting this as one of the main ways Linux gets spread is from mates with CDs and net conections (I know meany people that wouldn't have even SEEN Linux becuse thay dont have net conections - or god forbid 56k ones)
    Hell even backing up CDs and Games is alowable by law(I FUCKING wish I backed up operation flashpoint CD got snaped by doggy DVD case (happend to a mate of mine too but he still was in warenty))

    And like it will get to the same people whos information you coping - I dont want to give the RIAA (cuse thats who these people are acting on behalf of) if im backing up say CIV 3! Such a fucking arrogant statment there!

    A halirios consicence will happen if these laws are enacted though - every atomican in the country will buy as meany 100cd silos as thay can :)
    (unfoutunetly this will be interpreted as "lost earnings" by the RIAA assholes)

    1. Re:GO home RIAA by Michael+Wardle · · Score: 3, Interesting

      Hell even backing up CDs and Games is alowable by law

      Er, no it isn't. You're not allowed to make MP3s of copyrighted works (even if you own a copy), you're not allowed to copy your audio CD on to an audio cassette, you're not allowed to record a TV show (even if it's broadcast on free-to-air), and you're definately not allowed to make "backup" copies of software.

      Perhaps you're getting confused by all this American talk about "fair use". About the only thing I believe we're legally allowed to do is make photocopies of small portions of books for academic purposes. We don't have "fair use" here in Australia in the same way as the USA.

  3. legally copy? by jkcity · · Score: 2, Interesting

    if they charge you for cd's can you legally copy copyrighted stuff to them?

    anyone know if a charge like this exists in the uk?

  4. Levies suck by Amsterdam+Vallon · · Score: 3, Interesting

    I'm on the official list of objectors about this particular levy law. Don't worry, we've got some pretty convincing evidence to show at the hearing that illustrates that the proposed levies are much too high and should be struck down like a red-headed stepchild.

    It will be interesting to see the outcome. If it passes, the market for blank media and mp3 players will be hit hard.

    --

    Reply or e-mail; don't vaguely moderate. Ex-O'Reilly/MIT employee, now a full-time Google employee.
  5. Refunds available on application? by teamhasnoi · · Score: 4, Interesting
    What? So I'm supposed to send them a copy of the CD that I used to back up my HD? "Here's proof!"

    Sure, that sounds like a great idea. Swamp the law-abiding users with paperwork, so everyone will bend over and take it.

    Of course, the cry that, "We offer a refund!" will be the sound byte, not the 12 page invasive rebate form.

    I think I'll hire the people that sign up for Yahoo accounts all day to fill out thousands upon thousands of applications. I might even break even....

  6. Share the love. by Prince_Ali · · Score: 3, Interesting

    They should give a percentage to go to free software development. I don't particularly like most open source software, but a lot of people use a lot of CD-Rs to burn Linux distros. It only seems fair that they get a chunk.

  7. Re:A different view by Fazlazen · · Score: 4, Interesting
    Many people do use cdrs and cdrws to distribute pirated music.

    Just because there are some people that do it, does not mean that everyone else does. Punishing the whole for what only a portion of the people are (as you admit!) does not seem morally correct to me.

    At work, we use blank CDs to fulfill orders from customers and mail their data to them. Why should our customers end up paying levies on media (like we're going to absorb the cost? HA!) to have their data delivered to them?

    Granted, most of the CDs burned that I see my friends make are for copying software, not music, but you don't hear about the SPA asking for levies on blank CDs.

    As for blank DVD's, the only thing that I do with those is convert my home movies to DVD for me to send to my family.

  8. Over forty countries have tariffed CD blanks by Anonymous Coward · · Score: 5, Interesting
    In the U.S., naturally, we get no rights in return for the tariff, although in some countries copying copyrighted works is permissible to some extent in exchange for the tariff (in Canada and Germany, for example, you are free to copy music that you are borrowing from a friend or library to a disc for personal use, but Napster-type MP3 serving is illegal). I'd bet the U.K. has this type of tariff, given that U.S. copyright laws were almost completely crafted to fall in line with the European laws concerning copyright (i.e.: Berne), which is amusing given the amount of fingerpointing going the other way for things like the DMCA.

    Australia will almost definitely roll over to this type of law given their policies in the past, so anyone living there might want to push their representatives to at least give you something in return.

    1. Re:Over forty countries have tariffed CD blanks by ross.w · · Score: 2, Interesting

      UK has the tarrif, which is why you can buy blank CDs for data use, and ones for audio use that include the tarrif and cost more. Of course, no-one buys the audio ones once they work out they are basically the same as the cheaper data ones.

      --
      If my call is important, why am I talking to a recording?
  9. Re:Get Used to It by _RidG_ · · Score: 2, Interesting

    "The truth be told, most users are rather ignorant of the politics involved in these areas; Slashdotters are on the oppostite end of the spectrum."

    Despite the fact that Slashdotters are usually indeed aware of the politics relating to today's technology, I think it's safe to say that only under 1% of us* does anything about it. What good is knowledge if you are not putting it to use?

    *Nope, I'm not part of that 1%. Hrmph. I suppose this makes my message rather hypocritical :)

    --


    "The power of accurate observation is frequently called cynicism by those who don't have it." - G.B. Shaw
  10. Report on the today show by frodmann · · Score: 2, Interesting

    I watched some of the report on the today show this morning, they were spewing so much rubbish I had to turn it off. It was a one sided reported that basically said two things: 1. All kids are pirates 2. Everyone who buys CD-R, does so to pirate CDs An interesting note, is that they had already tried to get the levys on CD-R through the court system but it was thrown out because it was a tax.

  11. Re:Hello? by gr0ngb0t · · Score: 2, Interesting

    Yeah i watched this on Today this morning before work, and the guy from Screenrights was trying to say that CD sales have fallen because of p2p + the internet, but then he was saying that CDRs should have a levy placed on sales, because people copy legitimately bought cds for others. he almost seemed to be concerned that they were too cheap - he gave an example of being able to walk into the post office and buy 20 cds for $20 - THE HORROR!!!

    when the hard-questioning interviewer asked him how many people were copying cds, the guy had no-idea. when questioned about anything that required specific numbers or figues, he had no idea.

    You could almost tell that he knew he was spouting bullshit. but thats generally what you get on the Today Show :)

    I only watch it to see what the weather will be - honestly.

  12. I watched it. by Slurpee · · Score: 4, Interesting

    I actually watched the broadcast, and it was disgusting.

    The shmuck claimed that "every family" does it, as does "every kid". When asked how much it would be, he said they have no idea yet, but wants it to be worked out in consultation. Obviously thats a lie, as other posts point out they want anywhere from 3-10%.

    He pointed out that this levy would make it OK, but not for those who do wholesale copying.

    What was worse is the show didn't have anyone else on there representing the other view.

    My question is: If a levy is set, does this mean I am free to download any mp3 I wish? Could I borrow all of my friends CDs and have hundreds of thousands of mp3s legally? Cause if it does, bring it on! I will never buy a CD again!

    At the moment I don't mp3 illegally (IE I buy my own CDs and mp3 them, but not others), but if it was made legal through the levy, I would certainly burn hundreds of CDs from friends.

    1. Re:I watched it. by Sandcastle · · Score: 2, Interesting
      I saw it as well, and was jumping up and down screaming at the TV. What a schmuck. He didn't just hint that the levy would then make it OK to copy CD's etc., that everyone "is doing already", he actually said it would be. I've been searching for a transcript of the show all morning, but work has banned the website during working hours.

      I'm sure that even if they allowed the levy, it wouldn't change copyright law. I doubt their groups have the power to try and do that, so I'm just so furious that he presented it this way.

      What's more, while Australian music is becoming more and more popular lately, the great majority of our music is still produced in America. How do they expect a charge on every CD-R used in Australia should only go to re-imburse Australian organisations? It pisses me off, and I'm Australian.

      Just as a side point, I found out the other day that there really isn't any sort of fair use for taping TV in Australia. The advice from the Australian Copyright Council website says explicitly it's not even allowed in order to watch the show later the same day!!! Do they really think they'll be able to change the laws so copying/trading music is perfectly legal as long as CD-R's are taxed? No matter what they raise the price to, it can only mess things up. All money will go straight to the companies, not the artists, as there will be no way to track what's being traded anyway....!

      Sorry, my posts are usually more structured, and less like a giant rant, but man that interview this morning ticked me off!!!

      --
      The fact that a fish swims in water does not make it an expert in fluid dynamics. GogglesPisano (199483)
  13. "highly-debateable mis-truths"? by Wakko+Warner · · Score: 3, Interesting

    Cut the marketing bullshit. They're lies. Not all the kids on the entire Australian continent burn ill-gotten music to CD or DVD. If I can find one kid who burns perfectly legal CDs all the time (hey, there goes one now), I've proven this statement false.

    Call a spade a spade and call bullshit when you see it from now on. This site doesn't need to put a spin on such blatantly false crap.

    - A.P.

    --
    "Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
  14. Re:A different view by Dynedain · · Score: 4, Interesting

    Over the years, I have purchased and used 7 CD burners. I have burned at least 2000 CDs. Of those, about 10 were an original music project I was working on (nothing the music industry had any rights to), about 5 were audio compilation cds made from mp3s I legitatmately bought the original CD (content the music industry does have the right to) and the rest of the batch (at least 1985 CDs) were various data backups, file transfers, etc.

    If, the record industry got 3 cents for each CD (that is their minimum here, they'd rather have the 10c) I would (and actually have, thanks to stupid US law) payed the music industry $60. I have not copied any music I have not paid for, bet yet I am taxed the cost of 150-200 more blank media. If it was a 10cent tax, then I would have spent $200.....that is about how much I have spent on my entire music collection (the vast majority of my collection is gifts). $200 is a pretty hefty chuck of money to have paid for the priveledge of transfering my own content to my own media for my own purposes, especially when that $200 is being given to a massive corporation that had absolutely nothing to do with how that media was used, and had lost absolutely nothing in sales to my actions.

    --
    I'm out of my mind right now, but feel free to leave a message.....
  15. Taxing Media Implies aproval of filesharing by Anonymous Coward · · Score: 1, Interesting

    It the goverment is to tax the recording media and pass the fee onto the recoding companies then this implies that the artists/riaa/apra are getting paid for their works, thereby legitimising the practice of music sharing.

  16. The AUS Supreme Court knocked this back last time by StArSkY · · Score: 3, Interesting

    This has been before the supreme court before, and it was knocked back becasue the court said that it is in affect adding a TAX on media for a party other than the government.

    As such this will NEVER get passed into law now, as it would take a serious cahnge in what is now precedent.

    --
    lounge around on the blue couch
  17. An open letter to APRA by Anonymous Coward · · Score: 1, Interesting

    Read with interest today on News.com.au that you are seeking a levy on blank data media. I can only assume you're serious, and am hence interested to know - a) are you still planning to pursue small scale copyright violators in the wake of such a scheme. b) If so, do you find anything unethical about such 'double dipping', pursuing these people for something they already 'paid' for.

    I'm interested, because talking with friends, we'd be interested in a possibly much, much higher levy on specially designated CD blanks, provided we were legally allowed to fill the CD as with tracks of our choice acquired from whatever source. Perhaps APRA could provide some sort of music on demand service where tracks are selected from an online database, paid for by credit card, and burnt and mailed out to the recipient?

    Yours,
    Music Lover.

  18. Sell "music" not CDs by AnotherBlackHat · · Score: 4, Interesting

    Why not sell CD-RWs with a song pre-recorded on them (this should work in Canada too.)
    I can see three advantages;
    1. You beat the tax (I'm assuming they include an exemption for pre-recorded media like Canada and virtually everybody else.)

    2. You become a music producer, so you can collect the tax that your competitors pay.

    3. You probably have the number one song on the charts, since people will buy far more than
    one copy of a CD-RW- basically free advertising.

    You could probably sell the title track for money too -
    Coke would pay to have the number one song in Australia be a commercial for their product,
    especially if they got to pick the name of that song.

    -- this is not a .sig

  19. Re:APRA can shove it by 0-9a-f · · Score: 2, Interesting

    Simple solution - if it is to be a tax, you can claim a rebate at tax time. Something along the lines of:

    Tax Return 2003-2004
    Rebates - Other

    CD-Rs purchased: 5000

    Tax paid per CD-R: $ 0.04
    Total tax paid: $200.00

    CD-Rs used to publish stolen music: 0
    CD-Rs used to backup licensed music: 3
    CD-Rs used to publish personal art: 4997

    Tax rebate claimed: $200.00

    (Something I've found necessary with some of my CDs, is that my CD-ROM drive can read them, although my sound system cannot - probably due to scratches, etc. I have made copies of these few discs so that I can actually listen to the music. Don't know why I should be taxed for that?!)

    Go bite yourselves, music industry moguls!

    --
    With each breath in, a flower somewhere opens; with each breath out, a flower withers away. In between lies beauty.
  20. But they already charge more than anywhere else by Anonymous Coward · · Score: 1, Interesting

    The price paid for music CDs in Aust is already higher than in any other county mentioned in the list of places that charge levies on black CD-Rs, $30 Aust dollars and even more for imported disks, the justification for this is because some people may make illegal copies, just how many times do they want to tax us? I'll happily pay the levy, but it's the last time I'll buy a music CD, I'll just use P2P instead.

  21. It's a lame excuse to rake in money by RodgerDodger · · Score: 3, Interesting

    If this goes before the government for real, there's a few points I'll be talking to my MP about:

    1) The money better go to the artists, not the record companies. After all, what expenses do the record companies have for stolen music? (Well, maybe advertising)

    2) The money had better go to the artists in a proportional matter. So some mechanism for working out which artists get copied the most better be decided on. Don't look at what's selling well; arguably, that's what's being copied the least.

    3) I should be able to take a CD that hasn't been used for copying music, and get a refund on the levy. Not sure how this would work for CDRWs, but that's not my problem.

    4) Fair use rights should be encoded explicitly in law. They are there in Australia's copyright legisilation implicitly (and have been upheld in court), but let's end the legal challenges, okay?

    5) Copy-protected CDs should be illegal; after all, by paying the levy on the media, I've explicitly paid for the right to copy music on to it, haven't I?

    6) I should have the right to return a CD that I don't like to the distributor (ideally, to the store), and get a full refund on the price.

    7) People who use that lame excuse that CD sales were down last year should be shot unless they immediately point out that so were new titles and that sales/title were actually up in 2002, same as every year in the last 10.

    --
    "Software is too expensive to build cheaply"
  22. Fair turnabout for the media storage companies by Paladiamors · · Score: 3, Interesting

    Imposing the levy on the CDRs and any other form of media storage device to cause sales to drop significantly. This of course should lead to losses in sales and profits for these companies. Now, it would definately be poetic if these companies sue the Record industries back for losses in sales caused by the levies and the damage to their business, in exactly the same manner in which the Record companies sued the P2P software companies to shut them down.

    My 2 cents.

    Paladiamors

  23. IF I have 2 pay anyway, might as well start rippin by grolschie · · Score: 2, Interesting

    If levies are implemented (or the proposed ISP fees are universally implemented), how many CD's do I need to rip until I have got my moneys worth?

    I don't copy/download music, but if I am paying for it anyway..........

  24. media taxes are great by rassie · · Score: 2, Interesting

    ... NOT.

    In Denmark we have had an empty media tax for a few years now.

    On December 22nd the Danish Parliament ratified a law to make it illegal to make backup copies of digital media (such as CDs) if the media has any copy protection. This means that putting a green marker to a copy protected CD is illegal. - And this has happened even though a different law states that everybody is entitled to make backup copies of CDs.

    Government thinking, an oxymoron if I ever heard one.