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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."

27 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: 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.
    3. 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.

    4. 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.
    5. 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?

  2. 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.
  3. 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! --
  4. 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.

  5. 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.

  6. 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.
  7. 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.

  8. 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.
  9. 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.

  10. 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
  11. 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. ;)

  12. 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
  13. 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
  14. 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
  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. 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! :)

  19. 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."
  20. 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