Slashdot Mirror


Canada's CD Tax Out of Hand?

CRIA Watcher writes "The Canadian Copyright Board has just announced that it is bringing back the tax on blank CDs, called the private copying levy, in 2007. Michael Geist demonstrates how the tax has created a huge distortion in the retail price of blank media on his blog with as much as 70 percent of the purchase price now heading directly to the music industry."

8 of 599 comments (clear)

  1. Unfair by spikestabber · · Score: 4, Interesting

    This is a load of crap, I'm sick and tired of paying a fortune for blank CDR's while the Canadian Recording industry is out to call everyone a criminal and lobbying to cripple our rights by introducing ludicris laws to ruin what us Canadians take for granted. Either fuckoff trying to take our rights away, or do away with this stupid tax!

    1. Re:Unfair by DeeKayWon · · Score: 4, Informative
      Section 80 of the Copyright Act says thus:

      --

      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.

      --

      (emphasis mine)

  2. I still don't understand this by rlthomps-1 · · Score: 4, Insightful

    Even if I set aside the flawed logic, why does the music biz get it all? What about other businesses that are hurt by "copying". Surely some of this money should go to software companies, as well as private media/content producers that distribute their work via CDs.

  3. Use one problem to solve another by dcavanaugh · · Score: 4, Funny

    Maybe the Canadians can get their pharmacies to fill prescriptions for US customers and accept payment in blank CDs!

  4. Re:Clarify by stlhawkeye · · Score: 4, Insightful
    And if this tax applies to ALL CDRs, rather than just the music CDRs that nobody buys in America...how does a Canadian citizen dispute the tax on something they've never used (assuming of course they don't burn music to CDs?

    You don't. I don't get food stamps, a welfare check, my kids don't go to public schools (I don't have any), but I pay taxes that go into these programs. My real estate tax goes straight to the school district. I don't use that service.

    The majority of my taxes go towards causes, programs, or institutions whose services I neither need nor want, and a handful to which I have serious ethical and/or moral objections. But there's no recourse. If I say all of this and want my taxes lowered or changed so I can keep more of my own money, I'm called greedy. When somebody else wants my money for some purpose, they're just needy.

    And politicians arrange the transfer. Welcome aboard, Canada!

    --
    "I have never won a debate with an ignorant person." -Ali ibn Abi Talib
  5. If I'm paying anyway... by xtal · · Score: 4, Interesting

    be stupid not to copy as much as I can get my paws on, eh?

    I got mad enough before to start dreaming up "piracy booths", where you could burn cds from a "collection" - for free, of course, with your own hands. My understanding is this would be completely legal..

    --
    ..don't panic
  6. Re:Dumb Canadians... by garcia · · Score: 5, Insightful

    If that law was passed in the U.S.A., people would be protesting in front of Congress by burning blank CDs on their laptops and tossing them at their representatives.

    Yeah, in the same country where we went to war on questionable intelligence and are still there fighting for who the fuck knows what reason. Or in the same country where e-voting fraud could occur and no one could give a shit. Or in the same country where the President authorized wiretaps on American citizens and no one batted an eye. Or perhaps in the same "free" country where protesters are told where they can and cannot protest and are removed for exercising their right to freedom of expression.

    Right. Like anyone in America gives a fuck about their rights and how they are losing them.

  7. Re:Clarify by Foobar_ · · Score: 4, Informative

    I went to school in Canada to be an audio engineer. I know about the workings of the Canadian recording industry.

    SOCAN (the Canadian equivalent of ASCAP/BMI) handles royalty collection and distribution for Canadian music authors. If you're a Canadian composer, songwriter, or lyricist, you must do this to get royalties:
    1. Apply for membership with SOCAN
    2. Register your copyrighted works
    3. Sit back and wait
    You don't have to be owned by a record label to get your royalties. Also, SOCAN has arrangements with other performing rights organizations around the world, so if your music is played in the USA, or Germany, or Japan or whatnot, you'll still get royalty payments from SOCAN but on the accounting it states that the money is coming from that territory.

    Royalties are only paid to the "writers" and the "publishing company". The "writers" are composed of the songwriter (who does the music) and the lyricist (who writes the words). A songwriter and lyricist can be the same person. Usually it gets split 25% songwriter/25% lyricist/50% publisher respectively, which means that if a composer wants to get more money, they start their own publishing company.

    There are simple yet comprehensive materials available on SOCAN's site. Quick links:
    *SOCAN Overview for Music Creators and Publishers
    *How your music makes money
    *Private Copying Royalties update

    Up until recently, the money collected from the media levy has sat in SOCAN's accounts while writers and publishing companies fought viciously to get it all for themselves. Seems the writers have won; the "private copying royalties" now go 100% to writers by default. This of course doesn't stop publishing contracts from specifying that lots of money goes to the publisher...

    By the way, I finished the audio engineer training, said "I don't want to do this as a job" and have just opened a computer repair shop. I'll be selling those taxed CD blanks soon enough...