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Canada Quashes Copyright Tax on MP3 Players

Rippy the Gator writes "The Globe and Mail says that consumers may soon be paying less for MP3 players because the Federal Court of Appeal ruled that special copyright levies applied to digital music players are not legal. You might want to keep those receipts if you're giving them as a Christmas Gift."

19 of 437 comments (clear)

  1. The end of the canadian musid industry by Anonymous Coward · · Score: 5, Funny

    Look...

    How will canadian artists and record companies stay in business if everybody is going to rip them off and the government isn't going to help them by encouraging consumers to pay taxes to help their brother canadians.

    You're all so selfish. I feel like moving south to the U.S.

    1. Re:The end of the canadian musid industry by Jucius+Maximus · · Score: 4, Insightful
      " You are wrong, it means that Canadians cannot anymore hide behind a levies law. It means that soon the floodstreams of lawsuits against illegal users will flow..."

      No, it was ruled that the levies were illegal because only Parliament (the upper house) has the authority to enact such a levy, not the Copyright Board of Canada. Whether or not the levies make sense or are appropriate is not the issue. This ruling was simply about legal jurisdiction, and I am very sure we have not seen the end of this.

  2. Hooray! by mistersooreams · · Score: 4, Interesting

    Isn't it strange how Canada seems to have such a different attitude to copyright enforcement to America, when Europe seems to want to follow in the footsteps of American law? Canada is culturally more similar to America than Europe is, besides the obvious geographical proximity. Is this the Canadian government deliberately being contrary? I'd be interested to hear from some Canadians on the matter.

    1. Re:Hooray! by tomstdenis · · Score: 5, Insightful

      I can speak about the going ons inside the house [since I don't really care to watch] but from a "consumer" standpoint I saw visible protests by stores. It wasn't uncommon to see "you pay more because of canadian levies" in shops as huge as FutureShop [equiv to the american BestBuy].

      It was quite clear that the retail outlets weren't too happy about the levies. ... Neither are the citizens since well I use my recordable media for software backups not music.

      However, the canadian music industry feels they "deserve" more money. Instead of actually, oh I don't know, earning the fucking money they'd rather guilt trip the citizens and pressure the house to bend to their whims.

      Tom

      --
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    2. Re:Hooray! by Fr05t · · Score: 3, Insightful

      I'm a Canadian and this is bad news. I would prefer to have a levy on my mp3 player or any other device/recordable media.

      Why? When the RIAC(dunno if that's what it's called or not just guessing) wants to start suing their customers, we point to the levy and kindly ask them to stuff it.

      The Canadian way is to pay levys/taxes on everything so we don't have to worry about anything. Healthcare, perscription drugs, and social programs are just a few things that are subsidized or free because of levys and taxes. Sure people like to argue about how well the system works, but last time I checked people don't go backrupt when they get sick here.

  3. The law doesn't include MP3 players by HoserHead · · Score: 4, Informative

    According to the article, the law doesn't include any text about MP3 players, so collecting levies on them isn't allowed. As in many decisions, it has been left to Parliament to make the final choice.

    The short of it is that if lobbyists get their way, the levy will be back on MP3 players; all that's needed is for an amendment to the Copyright Act to be drafted and passed.

  4. I always wondered... by jawtheshark · · Score: 4, Insightful
    Those extra levies on casettes/minidiscs/CD-R and apparently also MP3 players, do they really reach the artists? How do they redistrubute, and on what criteria?

    I always thought that this money will never be seen by the artists, and was essentially just a scam.

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    1. Re:I always wondered... by schon · · Score: 3, Informative

      Information about that can be found here.

      In short: yes, they redistribute the money.

    2. Re:I always wondered... by gUmbi · · Score: 4, Informative


      Those extra levies on casettes/minidiscs/CD-R and apparently also MP3 players, do they really reach the artists? How do they redistrubute, and on what criteria?


      It's interesting that I was just looking into this yesterday. They have a website that they've collected $80 million over that past 5 years and distributed $30 million of it. The distributions are based on radio airplay and CD sales. The funds are paid out by groups like SOCAN (an artist organization that handles royalties, etc.).

      So, yes, the money is getting out slowly - unfortunately, it's being distributed to Celine Dion and Bryan Adams for the most part.

  5. Re:Heh by Egonis · · Score: 3, Interesting

    Agreed!

    I remember when CD-R's were quite suddenly affected by the recording taxes -- did you know that the CRTC (Canadian Radio and Television Commission) imposed a tax on Audio Tapes and VHS Cassettes back in the early 80's?

    So many people here just don't know that these fees have been implemented into the sales structure already, and assume that things are just strange in the US.

    I do think, though that these taxes are not a terrible idea, as it keeps the recording industry off of our backs for the most part.

  6. "Erode the stream of revenues to musicians..." by Anita+Coney · · Score: 4, Insightful

    I find it funny that the article stated, as a matter of fact, that the ruling would erode revenue to muscians. But even though there are probably tens of thousands of musicans in Canada, the journalist couldn't find even one to interview about the alleged hardship?

    Does anyone have any real evidence that musicans actually get this money? Everything I've read about the music industry says they get zero.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  7. How will the industry get paid? by badfish99 · · Score: 3, Funny

    Does this mean the Canadian music industry will have to make a living by suing its customers, like the US industry does?

  8. just a moment here by compro01 · · Score: 3, Interesting

    this only removes the tax on MP3 players. the tax on blank cds and tapes remains. but hey, it's only $0.25. i can deal with that.

    and the canadian court system already informed the CRIA (canadian RIAA) that they can take their ideas to sue and stick them where the sun don't shine, so this isn't gonna change that in a hurry.

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  9. Re:Interesting by Egonis · · Score: 5, Interesting

    Hmm, so if we Americans started charging, say, a burglary tax to everyone we could not ever have to worry about going to jail for burglary. That sounds great, plea bargains before the act is even committed!

    Nice comparison.... seriously! You do have a great point here....

    On one hand, yes.. copying music is breaking the law, but on the other hand... the levy tax pays the record industry as a whole for their "losses" -- so there is a half-right and half-wrong to the concept of levies.

    Ah, I love this Canadian mentally that has them believing that everyone here dies on the street because they are uninsured. Sorry, but it's a huge myth. Moreover, Canada caps its doctor's salaries so most of the really good doctors who specialize in the rare and complicated diseases that save people's lives come to the US because our schools are better and you actually get paid properly for your skills. I'm not going to open the socialism debate, but it certainly has its own set of flaws.

    The Canadian Mentality is a feeling that everyone 'deserves' to be given health care... no matter what their circumstance. I agree with this concept, obviously...

    What you see from Canadians regarding the thoughts of people dying in the streets in the US, is because of fear -- I admit that the thought of a capitalist approach to health care is frightening to me, and it paints a confusing picture to many of us, as we could not imagine getting a second mortgage for a heart bypass (provided that said person doesn't have coverage, etc, etc)

    Doctors in Canada do get severely capped, and mistreated, but that's not speaking for all of them. There are many fantastic surgeons, specialists, etc here who enjoy their work, get compensated well for it.. etc.

    You must consider the opposite though, the family of a friend of mine moved up here from Ohio over 30 years ago because the parents wanted to work within our health system, because they felt that American Medicare was too oppressive.

    So their are many opinions from different sides, I am not knocking the american system, but I personally do feel more comfortable and loyal to the ways of my own country.

  10. Now can I buy from the States? by jimand · · Score: 3, Informative

    Whenever I investigate buying a new electronic device from the U.S., I cannot complete the transaction because the vendor will not ship to Canada. I've seen this on thinkgeek and amazon. I wonder if this is (one) bottleneck and the removal of the levy will allow cross-border shopping?

  11. -1 Clueless by alexo · · Score: 4, Informative


    Egonis (155154) wrote:
    > On one hand, yes.. copying music is breaking the law, but on the other hand...
    > the levy tax pays the record industry as a whole for their "losses" --
    > so there is a half-right and half-wrong to the concept of levies.


    Except that in Canada it is legal to copy music for personal use .
    Not breaking any laws here.

  12. Canada will eventually have Levies and Lawsuits. by guidryp · · Score: 3, Interesting

    Originally this scheme was started with the rationale to capture revenue lost when you copied an album from a friend. Knowing there was no way to stop this or prosecute this, the entertainment lobby came up with a way to get paid for this "violation". At the same time the law was amended to allow private copying. A coup really. The industry allows a concession that was unstoppable and in return taxes all media.

    Cue the internet music boom. Buisness as usual, time to go to war and kick in the doors of some file sharers, sue some grannies and single moms when there kids download music. But wait, that dang private copying amendment makes it a grey area.

    Unfortunately what will happen next is there will be an attack on the "private copying" portion of the law. It will be changed, eventually we too will have RCMP raiding file downloaders. But of course the levies will stay as well.

    The simple fact is we are in a corpocracy. The law is for the corporations. The certainly won't give up the revenue stream from levies but they will loby until they change the laws so they can sue.

    Eventually we will have the worst of all possible worlds.

  13. How dumb, paying fines for something you didn't do by Shivetya · · Score: 4, Insightful

    So you think it best to just pay the exploitative tax so you can sleep better? I think it is insane to punish ALL consumers for the trespasses of a few.

    Whats next? Why stop at the recording industry.

    The government should not be confiscating money from the people to pay to corporations or similar bodies. The government should be protecting the consumer from them, not abetting them.

    I'd rather have the RIAA or similar breathing down the necks of people who break the law than having to pay so some schmuch can download stuff without paying for it.

    It is NOT the same as paying taxes for medical care or such. That is exactly the line of thinking the RICA/RIAA would love people to believe.

    --
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  14. And now for the REAL confusion... by ratboy666 · · Score: 4, Interesting

    [I live in Canada]

    We are allowed to copy music for personal reasons. In exchange, a levy is placed on blank media.

    All for the good.

    And now, the appeal ruling is that MP3 players are not subject to the levy, because the Act doesn't mention them.

    All for the good -- except that the Act may/will be changed to allow the levy.

    Most MP3 devices do NOT facilitate the copying of music! If you can show me how to plug media into an iPod (for instance) to allow the iPod to function as a duplicator; or you are willing to GIVE your iPod to someone else, then the iPod should have the levy applied. If the iPod is capable of downloading music without another computer with media, it should be levied.

    And here's the problem -- an iPod CAN'T download from the internet, and you WON'T be lending it out, and it CAN'T have media plugged into it.

    About the best you can do is a player with a built-in FM radio, and the ability to record to a removed Flash device.

    And the levy should be placed on the Flash media.

    Not the players.

    So, the ruling is good, but the REASON is wrong, because it opens up the possibility of a lobby to change the Copyright Act.

    I just hope that when that happens, the politicians see their way clear to a correct ammendment (say, a levy on blank VCR tapes and DVD recordable media, and allowing personal copying of video).

    Now, the joker that suggested that is was not OK to use your iPod on Dec 15, is basically full of it. The personal copying provision allows us to copy to ANY media that is commonly used for the storage of music. That would (by design) include your iPod. So suck it up -- that cannot be removed without changing the Copyright Act.

    Ratboy.

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