Slashdot Mirror


No Levy on iPods in Canada

colinemckay writes "The fight over a levy on iPods and other digital music devices ended Thursday when the Supreme Court of Canada refused to hear any further arguments on the matter. That means there will be no levy applied to digital audio recorders such as Apple's popular iPod and iPod Shuffle as well as other MP3 players like iRiver."

52 of 236 comments (clear)

  1. Pack of Rats by bigwavejas · · Score: 3, Informative
    It also collects a levy on blank audio such as CDs and mini-discs.

    Who the hell are they giving tariff royalties to from blank media? That's asinine. The CPCC are just like our RIAA, all a pack of crooks. If you want royalties to go to the Artists, than lower the damn price of the music your sell and people might actually buy a CD. Inflating the price of a CD to pay for the CPCC/ RIAA Rats, who claim to "protect" Artists is wrong! I'm curious how much of these collected tariffs actually makes its way back to the Artists.

    --
    "Simplify, simplify, simplify!" Thoreau
    1. Re:Pack of Rats by a.different.perspect · · Score: 5, Insightful

      Yup, it makes no sense at all. Most obviously, there's a bizarre assumption of guilt in collecting levies on all blank media. Why should the RIAA be paid for me burning my children's photos to a disc? What have I gotten from the RIAA for my money? More interestingly, it means that copyright holders have been reimbursed for any piracy on that media - and that they should have waived their right to seek further damages. And if you've already paid for your piracy, haven't you a license to pirate as much as you want, then? The answer is apparently nope and nope. Which, it is equally apparent, makes no sense. The music industry wants it both ways - being paid for piracy in a way that implicitly legitimizes it while insisting on its illegality. And who can blame them for trying to get as much money as they can? What's astonishing is that they're being allowed to do it.

    2. Re:Pack of Rats by MightyMartian · · Score: 2

      What does that idiotic tariff have to do with healthcare? I'm a Canadian, but I'm sorry, fellow countryman, if that was your attempt at defending the moronic and crooked, it came off as just plain lame-ass.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:Pack of Rats by Da+Fokka · · Score: 2, Informative

      The two are totally unrelated. The money collected goes back to a related fund, in this case the artists (hopefully). If it were a tax, it'd go to the Canadian treasury, but it's not, that's why it's called a levy. So you'd have the exact same health care without the levy.

    4. Re:Pack of Rats by MightyMartian · · Score: 3, Insightful

      It protects us for now. With the Canadian version of the DMCA coming out sometime this year or next, you can be sure we will be at the mercy of the record and movie industry. What do you want to bet that the tariff will remain on blank media?

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    5. Re:Pack of Rats by dgatwood · · Score: 3, Informative
      If it works the way it does in the U.S., it has nothing to do with artist revenue. It's composer and publisher royalties. Artists don't get squat.

      The equivalent here is divided proportionally to the amount of airplay (IIRC) among ASCAP, BMI, and SESAC. They subsequently divide it among their members whose songs showed up in at least one station's reporting in a manner proportional to the approximate number of airplays for songs by that composer and/or publisher.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    6. Re:Pack of Rats by shark72 · · Score: 4, Informative

      "The CPCC are just like our RIAA, all a pack of crooks."

      Who modded this "informative"? Sheesh.

      The CPCC is most definitely not the equivalent of the RIAA. The CPCC primarily represents artists, while the RIAA is a trade group representing record companies. Each group has different goals.

      The CPCC is a non-profit agency that was set up to distribute the money collected from the tarrif. They distribute the money to songwriters, music publishers, recording artists, and record companies. Specifically, 66% goes to songwriters/composers/publishers, 18.9% goes to performers, and 15.1% goes to record companies. This breakdown is similar to the levy collected in the US on music CD-Rs -- it's primarily for the benefit of artists, with record companies getting the small slice of the pie.

      Interestingly, presently only Canadian artists are eligible to collect this money. So, while the tariff is seen by many Canadian Slashdotters as a moral and legal free ride to pirate music, it's only Bryan Adams, Anne Murray and their ilk that are getting compensated. So, you Canadians... start pirating more Rush! Leave our poor US artists alone!

      --
      Sitting in my day care, the art is decopainted.
    7. Re:Pack of Rats by rikkards · · Score: 2, Informative

      Just remember that because of the levy, in Canada you can download anything you want. They can't penalize you twice (once with the levy, twice with a lawsuit).

      However with the new copyright ammendment this may change...

    8. Re:Pack of Rats by Deliveranc3 · · Score: 2, Insightful

      Amazingly most Canadians can understand this...

      Now here is how it works...

      few cent levy on blank CD's (More on those specifically designed for Audio.

      This money is partitioned up and used to support Canadian artists (Who apply for this funding from the government sponsorship) and some goes to the artists most downloaded from the internet.

      See simple.... in exchange it's legal for us to Download.

      Except for some reason the Candian record companies are still trying to sue, but with less success than the states.

      Yes we are more socialist so American's may not understand it, what they might understand is that this system offers perhaps the best way to produce new music while still allowing for maximum listening.

    9. Re:Pack of Rats by Jucius+Maximus · · Score: 2, Informative
      "Who the hell are they giving tariff royalties to from blank media? That's asinine. The CPCC are just like our RIAA, all a pack of crooks. If you want royalties to go to the Artists, than lower the damn price of the music your sell and people might actually buy a CD. Inflating the price of a CD to pay for the CPCC/ RIAA Rats, who claim to "protect" Artists is wrong! I'm curious how much of these collected tariffs actually makes its way back to the Artists."

      The tariffs go "to organizations representing record companies, producers, and others who own the rights to copyrighted material."

      "Since the regime was established in December 1999, the CPCC has collected over $87 million in levies. According to the CPCC's website, however, copyright holders have only received $26 million to date."

      (source)

    10. Re:Pack of Rats by Emperor+Cezar · · Score: 4, Insightful

      If I lived in Canada, why would I want to pay for "you" to download music off the internet?

    11. Re:Pack of Rats by gartogg · · Score: 2, Funny

      The point is that the CRIA (the ACTUAL Canadian RIAA) has not managed to sucessfully even get the download of music to stop; Canadians can download all they want, and possibly even host music, according to one federal Canadian judge.

      The CPCC is a completely seperate company; it's like saying that SCO is microsoft, just because we don't like them... well, bad example, but you know what I mean. It's like saying that stealing and piracy are the same thing. OK, another bad example on slashdot. OK, like the difference between free beer and free love. Wait, that's not a good example for slashdotters either. Maybe like saying that...
      OK, so using slashdot logic, I guess they ARE the same. Nevermind.

      --
      I'm a concientious .sig objector.
    12. Re:Pack of Rats by jimicus · · Score: 2, Funny

      Well, it seems quite obvious to me that this levy was produced on the assumption that most of the blank CDs sold would be used to pirate audio.

      It therefore makes sense that there's a government department somewhere which has the authority to give you a refund if you've used a CD for something else. Why don't you give them a call and see if they can help you?

  2. How about CD media? by mingot · · Score: 2, Interesting

    Is there still a levy on that? Seems like they could use this to try and get rid of that . . .

    1. Re:How about CD media? by Bun · · Score: 4, Informative

      How about DAT? minidisc? Those are digital recorders too, are there levies on those?

      No to DAT, yes to minidisc.

      --
      "Anyone that has ever gotten an idea based on any of my work and done something better with it-good for you."--J.Carmack
    2. Re:How about CD media? by Curtman · · Score: 3, Funny

      "How about DAT? minidisc? Those are digital recorders too, are there levies on those?""

      Here is the law that enforces the levy. It just says "blank audio recording medium". I don't see how a CD is a blank audio recording medium any more than a hard drive is, but let's not tell them that. Before we know it we're paying the levy on RAM too. ;)

    3. Re:How about CD media? by Nogami_Saeko · · Score: 3, Interesting

      BTW: If you import your media into Canada from another country (the U.S. springs to mind), you pay no levy on media.

      And Canada Customs will NOT collect the levy at the border (they've said that it's "someone else's problem to collect" - quote from a customs officer when I asked him).

      N.

      --
      "Nothing strengthens authority so much as silence." - Charles de Gaulle
  3. No levi in USA either by Work+Account · · Score: 2, Informative

    But as far as I know DVD-R and CD-R blank media labeled for "music" use have a piracy tax applied to them.

    Many consumers are tricked by this because they don't know much and think blank media labeled for "data" will not support mp3s, etc. which is not true.

    --

    If you "get" pointers add me as a friend (116)!
    1. Re:No levi in USA either by Eightyford · · Score: 2, Interesting

      I buy the media labeled 'music' on purpose actually. Then I fire up a bittorrent client, or limewire pro, and get whatever music I want. You know why? 'Cuz Fuck em, I'm not paying twice! If you treat people like criminals, then that's what you get.

    2. Re:No levi in USA either by Rosco+P.+Coltrane · · Score: 4, Insightful

      I buy the media labeled 'music' on purpose actually. Then I fire up a bittorrent client, or limewire pro, and get whatever music I want. You know why? 'Cuz Fuck em, I'm not paying twice! If you treat people like criminals, then that's what you get.

      Actually I don't feel like you act like a criminal. In my opinion, buying "data" CDs and burning music from P2P on them would be criminal, but you've chosen to pay the CD tax, so you should bloody well be entitled to download 700M worth of music to put on each CD.

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  4. Returning The Loonie's by Anonymous Coward · · Score: 3, Insightful

    "The money is sitting in an account and will be returned to the importers and manufacturers of the products, said Basskin."

    I think it should be going to the consumers not the corporations and distributors. I spent way too much on my 3Gen iPod when it first came out. I wouldn't mind an extra $25 in my pocket.

    1. Re:Returning The Loonie's by aristotle-dude · · Score: 3, Informative

      Because it was not the importer or manufacturer that paid the levy. It was the consumer who was charged the levy at the time of sale.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    2. Re:Returning The Loonie's by aristotle-dude · · Score: 2, Informative

      Yes, I'm absolutely certain about since I am a Canadian and I have had to pay the levy on CD's at the register at stores like London Drugs. I also enquired about the levies on music player. They listed the sale price but the levy was on top of that.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
  5. Remember Canada is a Music Exporter by WillAffleckUW · · Score: 4, Interesting

    in fact, of the legal products and services generated in Canada, music is in the top ten, along with telecom and other useful things.

    So if they don't need this tax, why do we, music importers in the US, need one?

    --
    -- Tigger warning: This post may contain tiggers! --
  6. Gee. by Anonymous Coward · · Score: 5, Insightful

    "Obviously we're disappointed. We felt it was self-evident that those products are sold for the purpose of copying music," said David Basskin, of the Canadian Private Copying Collective (CPCC), the non-profit agency which collects tariffs on behalf of musicians and record companies.

    Yes, yes, everyone who owns an mp3 PLAYER, must have bought them to STEAL MUSIC. As opposed to, oh I dunno, LISTENING TO MUSIC.

    Next thing we know everyone who owns a kitchen knife must have bought them to KILL PEOPLE.

    1. Re:Gee. by Anonymous Coward · · Score: 2, Funny

      Yes, yes, everyone who owns an mp3 PLAYER, must have bought them to STEAL MUSIC.

      Can someone please STEAL the music of Celine Dion and Brian Adams already? Please?! I'm tired of hearing them in stores and around town.

  7. Tapes??? by mecanicaz · · Score: 2, Interesting

    Why these people didn't suggest a levy on tapes while they were widely used, this is all greed...

  8. Not much by JonN · · Score: 2, Interesting
    The group said Thursday that approximately $4 million was collected between December 2003 and December 2004.

    How is $4million, split between the many record companies and artists, a substantial amount? I don't agree with the levy, however, was it even doing much in support of the artists? Yes each little bit helps, but if the CPCC was serious about collecting lost profits on behalf of the artists and companies, they would at least have a bit more bite imo

    --
    do.what.promptcmds
    1. Re:Not much by yamla · · Score: 2, Informative

      Last time I checked, 100% of the monies collected from the very beginning were still with the record companies. Nobody had been able to find a single example of an artist who had received even $1 from the levies. This may have changed in the last year, however.

      --

      Oceania has always been at war with Eastasia.
    2. Re:Not much by SheldonYoung · · Score: 4, Informative

      How is $4million, split between the many record companies and artists, a substantial amount?

      The $4 million was only the amount collected on non-removable memory, such as iPods.

    3. Re:Not much by quantaman · · Score: 3, Informative

      Last time I checked, 100% of the monies collected from the very beginning were still with the record companies. Nobody had been able to find a single example of an artist who had received even $1 from the levies. This may have changed in the last year, however.

      Apparently it has. My friend used to play in a band who put out a CD. Some time ago he did received a check in the mail from that very levy, it was only for $1.29 but receive it he did.

      --
      I stole this Sig
  9. Re:A fair comparison of Java and Perl -- interesti by mingot · · Score: 4, Funny

    There is an insane clown who stands on a podium in the middle of the computer room to make sure that all the code is extremely poor in quality. The clown holds his cock all the time for no reason.

    Oh, he has his reasons.

  10. Gah! by FFFish · · Score: 3, Interesting

    So why in gods' names do we pay a levy on blank CDs, when blank CDs are MUCH more likely to be used for non-music purposes?

    I hate politicians and special interest groups.

    --

    --
    Don't like it? Respond with words, not karma.
  11. Since the link is down by AutopsyReport · · Score: 5, Informative

    Since the link is down, here's another article.

    --

    For he today that sheds his blood with me shall be my brother.

  12. Who the hell is Levy? by exp(pi*sqrt(163)) · · Score: 3, Funny

    And why would I want him on my iPod anyway?

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  13. Some time ago... by Zzyzygy · · Score: 3, Insightful

    My memory is really foggy on this, but when I was a teenager back in the late 1970's, I had heard that when you buy blank cassette tapes, you paid a one cent [tax|levy|fine] for each cassette. I asked my father (whom worked peripherally with recording studios) about this. He told me that you are paying "the industry" because they think you are going to pirate music with it.

    I'm thinking that this is the same or similar situation happening now.

    -Scott

    --
    My other sig is a Glock
  14. Re:NOBODY CARES ABOUT YOUR FUCKING IPOD by FLAGGR · · Score: 2, Funny

    It sounds better as "In Soviet Russia, fuck up shuts YOU", heh I'm kind of liking that. Thanks man.

  15. Re:IRiver and XClef vs iPod by jaycontonio · · Score: 5, Funny

    Umm...get your own blog dude.

  16. More complete bullshit being modded insightful? by Some+Random+Username · · Score: 3, Informative

    Canada most certainly does have fair use exemptions to copyright. But regardless of that fact, the levy was designed as a way for corrupt scumbags to steal from consumers, it has nothing to do with fair use in any way.

    http://laws.justice.gc.ca/en/C-42/39129.html#rid-3 9149

    1. Re:More complete bullshit being modded insightful? by miles_thatsme · · Score: 3, Informative

      Fair dealing is not fair use. See http://www.faircopyright.ca/principles.html for example.

      The child-post is correct that Canadian copyright law contains no true equivalent to fair use. The other child post is regrettably incorrect about the effect of the Berne Convention. See http://www.law.cornell.edu/treaties/berne/10.html

      You will notice, notwithstanding the fact that the phrase "fair use" is employed, clause 2 states that 'fair uses' will stipulated by the member countries (and in the Canadian case, restricted to a narrowly defined set of "fair dealing" practices). In any event, in Canada, like the US (but unlike certain European countries), international conventions have no direct domestic application. Domestic law prevails.

      The Supreme Court's refusal to take this is unsurprising. In all likelihood statutory authority for an iPod levy will be worked back into the Act with the copyright reform that's been discussed here last week (e.g. http://yro.slashdot.org/article.pl?sid=05/07/13/23 14242&from=rss ). Unless, of course, CRIA takes a look at ITMS music sales of late. They might be dumb enough to do it anyway...

  17. Free Music by SpottedKuh · · Score: 5, Interesting

    Let's consider for a moment what would have happened if this levy passed. Quite simply: Free music for everyone!

    Does this sound counterintuitive, or just nonsensical? Hear me out.

    As a Canadian university student, I feel I have a pretty good idea of how the music-swapping scene looks in Canada. There's one group of people who happily share as much music online as they want; then, there's a second group of people who still buy CDs (either because they like the pretty package, or because they actually want to pay for the things they receive).

    However, everyone I know in that second group (including myself, among many people) stopped purchasing audio CDs after the Canadian levy was placed on blank CD media -- after all, even though it was of grey legality, the prevailing thought was, "Hey, I'm already paying the music industry each time I purchase a blank CD, to compensate them for people downloading songs and putting them on blank CDs. By that token, it is my right, since I have paid this compensation, to go and download all the songs I want and put them on this CD."

    This very line of thinking played a role in trials held against music sharers in Canada in early 2004 (they were all exonerated).

    Since I no longer burn songs to audio CDs, but rather put them on iPods, I (and everyone I know in that "second group") have once again started purchasing music CDs in stores. However, were a levy to be placed on iPods, well...that exact same argument used for blank CDs could be applied to iPods. And you know that wouldn't make the industry very happy. I mean...40 GB iPod vs. an audio CD...heh.

    Of course, now some audio CDs in stores include copy protection. I have yet to purchase one, but I assume this would make it impossible (or difficult) to get the songs onto my iPod from the CD. So, you can probably tell exactly what will happen with that "second group" as soon as this protection becomes more prevalent. The industry is so skilled at alienating its remaining customers (with what is an illegal practice in the first place, since under Canadian copyright law, to the best of my knowledge, you must be allowed to make a backup copy of any digital media you purchase).

  18. Re:Is private copying to Ipods now illegal by chaleur · · Score: 2, Informative
    This is just not true, though I can't count the number of times I've heard people say it. Of course we have fair use rights! As far as music goes, you are free to copy it in Canada for your own use, regardless of the royalty, which is a separate issue entirely. The royalty system is an attempt to create something similar to the compensation we pay to book publishers for losses they take because we insist that they put their stuff in libraries.

    From The Copyright Act ( R.S. 1985, c. C-42 ):

    "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.

    "(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."

  19. On behalf of all Canadians here... by oldwolf13 · · Score: 2, Insightful

    Please shut up.

    You're giving us a bad name.

    --
    If I can't smoke and swear I'm fucked.
  20. Re:Canadian Release by Anonymous Coward · · Score: 2, Insightful
    Wait... French People... I'll bide my time.



    C'est beau. C'est pas comme si on te voulait ici de toute façon.

  21. free people, not trade! by Anonymous Coward · · Score: 3, Interesting

    As a musician, and member of a musical band, I would say that I encourage "free music". Our CDs aren't sold that much, as we did not sign any contract with big label corporations such as Sony Music. We do not make our profits from the CDs we sell directly but more on the shows and materials we sell there such as t-shirts. We even intentionally share our music over the internet! As a result, we get to make more shows and the t-shirts sells more. Long live the MP3! Long live Free music! :)

  22. There is a levy on Tapes. by temojen · · Score: 2

    As there is on blank CDs, DVDs, and minidiscs.

  23. Re:IRiver and XClef vs iPod by nickrooster · · Score: 2, Insightful

    I think it has more to do with the copious amounts of advertising (and media attention) that the iPod receives. Its feature set is lacking, but the scroll wheel is a treat!
    However, the iPod's interface, like any interface, takes time to understand and use effectively. The XClef also has a weird interface with a switch on the side to move up and down instead of the joystick that the iHP-100 series have.
    iRiver have changed this in their newest version of the hard disk multi-media jukebox, and they use something different (my friend has one but I have never witnessed directory traversal on it).
    So, my question, did you see the new (color) iRiver hard disk players, or the old 100 series joystick dealies?

  24. You misunderstand the purpose of the levy by commodoresloat · · Score: 2, Funny

    The tax is not about piracy; it is about good taste. If you can prove you have not used your blank media to record Alanis Morissette, Celine Dion, Bryan Adams or Geddy Lee, you can recoup the extra charges.

  25. Re:Copyright holders aren't crooks, infringers are by jcr · · Score: 3, Informative

    yes copyright infringement is theft,

    No it's not, it's infringement. That's why it has a separate definition in the law.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  26. Gitch'yer free music here... by MacDork · · Score: 2, Informative
    Let's consider for a moment what would have happened if this levy passed. Quite simply: Free music for everyone!

    Did someone say Free Music?

    All songs are RIAA free as far as I can tell. In short, I've already got the free music. The 'industry' hopes I haven't found it yet, so they'll trot out Shitney Beers or some other jailbait teen with more T&A than talent hoping I'll bite. The special interest groups can go f' themselves as far as I'm concerned. I don't buy, listen, or even want any of their crap, so they'd best keep their grubby hands out of my pockets.

  27. the more things stay the same.... by Phil+Urich · · Score: 2, Interesting

    ...the more they change.

    Back when this battle was fought over VCRs and casette tapes, the eventual conclusion was levys and then the matter was settled.

    I think, however, that this time around, the companies and corporations have enough influence, a greater hold on the justice system, that consumers won't get the same deal they did before. The slow warping over time of copyright laws shows this trend quite clearly, methinks.

    The argument, of course, is that this digital stuff is somehow different; in reality, it's only more effective at distribution, the fundamentals of being able to copy, etc are still the same, and the fact that (with the exception of Canada, for the moment) the issue is not being resolved the same way it was in previous technological iterations, well, that's a sign of the times a changin'.

    --
    I remember sigs. Oh, a simpler time!
  28. Re:Copyright holders aren't crooks, infringers are by TheLinuxWarrior · · Score: 2, Insightful
    Forcing someone to lower their prices under threat of theft if they don't is a vioation of indivdual rights.

    I didn't see the previous poster threatening theft if the price wasn't lowered. I saw him giving sound financial advice to a retarded industry.

    Sales and quarterly earnings down? Lower prices so that people who couldn't afford to buy before can, and so that others who were unsure if the music was worth the cost have an easier decision to make.

    Economics has always been about supply and demand, but unfortunately, the music industry has supply, but isn't creating a price point where consumers wish to buy. Instead of following normal economics and lowering price to generate consumer interest, they scream that we're all pirating their music and we should be forced to pay fines for CDRs and the tools that create CDs. Bullshit.