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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.""

14 of 235 comments (clear)

  1. 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.

  2. 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.
  3. 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....

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. "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?"
  9. 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.....
  10. 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
  11. 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

  12. 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"
  13. 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