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Canadian Copyright Group Wants iPod Tax

soulxtc writes "Unable to define memory as a 'recording medium,' Canada's Private Copyright Collective goes directly after portable music player devices, memory cards, and anything else that can be used to make private copies. The PCC submitted a proposal to the country's Copyright Board that suggests levies of $5 (Canadian) on devices with up to 1GB of memory, $25 for 1-10 GB, $50 for 10-30 GB, and $75 for over 30 GB. If approved, this propoal would increase the price of a 30-GB iPod by 26%. These collections are intended to compensate artists and labels for the losses they suffer when people 'illegally' copy or transfer music. The PCC is also seeking a new $2 to $10 tax on memory cards. The backbone of digital photography has become tangled up in the fight for making sure music companies get every nickel and dime they feel that they deserve."

89 of 408 comments (clear)

  1. The very least they could do by Anonymous Coward · · Score: 4, Informative

    Is have a true sliding scale. Under that pricing scheme, the 1gb ipod has a $5 tax, while the 2gb model has a $25 tax rather than $10. Sheesh.

    1. Re:The very least they could do by AlHunt · · Score: 3, Insightful

      Really? Why would you suggest knuckling under to it at all? Don't BUY an iPod, or anything else the bastards tax. Let your voice (dollars, euros, whatever) be heard. At the end of the day, business buys legislatures and your money effects business. Vote where it matters - forget the ballot box.

      --
      1 in 4 Maine children in struggle with hunger.
    2. Re:The very least they could do by sumdumass · · Score: 4, Insightful

      Well, getting more people who might say "ok" to it to realize it is disproportionate and object on that ground would be nice too. As for the tax thouhg, doesn't canada have fair use rights? If so then why aren't these considered above possible illegal copying? And how long will it take before Apple sells the memory as an addon to the "Ipod canadian edition" to keep them affordable and end up having these people try to tax hardrives? I mean $75 for 30 gig? when the storage in the ipod is basicly the same thing? And herddrives can hold music too!

      Anything to get people to reject this so some common sence can be used.

    3. Re:The very least they could do by hjf · · Score: 5, Insightful

      you sound just like the record industry when they cry wolf: "mp3 means the end of music as we know it". if I had mod points I would have modded you -1 Overrated.

      get real, man. portable players were here long before you heard about the iPod, much longer than the 1998 Diamond Rio. At the time there was no market, yet the players did exist.

      also, economics 101: if you want to recover your money from a bad investment, you DO NOT raise the price. you lower it. you sell it to the first jerk that show up, then "Take The Money and Run".

    4. Re:The very least they could do by silkenphoenixx · · Score: 2, Insightful

      I think it's silly to do this because I'm pretty sure the money that these music companies are making has increased more due to the existence of iPods and other such devices than it has decreased from the potential "losses" that may arise from the sharing of copyrighted music, so it's a win-win situation but these companies seem to want to turn it into a situation where they're the only winners.

    5. Re:The very least they could do by refitman · · Score: 3, Funny

      Don't tell let them hear you, or we're all screwed. What happens when they realise we can record music in our memories and play it back at will, will they start taxing our brains. 'Spose I'd best start drinking heavily to reduce my capacity.

      --
      First God made idiots. That was for practice. Then He made Jack Thompson.
    6. Re:The very least they could do by itlurksbeneath · · Score: 2, Interesting

      No kidding... The next thing you know, they'll be taxing products like gasoline or tobacco at different (and much higher) rates for no apparent reason. True, true, usually there is some hand-waving about supporting roads and health care costs but I think the accounting out the other end says different. At least in this case, they TELL you the tax rates. Anybody here know the tax rates for gasoline in their city/state? Here, I think it's around 15%, but I can't find info on it anywhere.

      --
      Have you ever considered piracy? You'd make a wonderful Dread Pirate Roberts.
    7. Re:The very least they could do by AndersOSU · · Score: 4, Insightful

      also, economics 101: if you want to recover your money from a bad investment, you DO NOT raise the price. you lower it. you sell it to the first jerk that show up, then "Take The Money and Run".


      That theory applies to most of us, but in advanced Econ 748 - Economics for Cartels - we learn that it the previous economic principles are only valid when you fail to properly legislate yourself a revenue stream and business model.
    8. Re:The very least they could do by Sierpinski · · Score: 2, Informative

      That my friend is what the fiends at the CCRA wants you to do.

      Wrong, they want you to spend money and pay taxes.

      Think of the companies that will lose enormous amounts of money because of that attitude

      Maybe the companies would then realize that their stuff is too damned expensive, and become
      more competitive.

      Think of them recouping their loss in sales by bumping up the prices further

      If you don't buy one, they can raise it to a bajillion dollars and it won't matter, you still wouldn't buy one. I fail to see the logic in this argument.

      Think of the loss of interest in digital distribution, no MP3/WMA/M4a players, will you buy CD's? Well thats all that is left

      If you think there will ever be a loss of interest in digital distribution, I weep for your future. A tax imposed by one country could not possibly overthrow the entire digital revolution. Don't give the governments that much credit.

    9. Re:The very least they could do by steveo777 · · Score: 2, Funny

      Spose I'd best start drinking heavily to reduce my capacity. Haha! Mandatory shots after a concert! Drive safe!
      --
      This sig isn't original enough, it's time to come up with something witty...
    10. Re:The very least they could do by jmac1492 · · Score: 3, Funny

      Shouldn't that be RIAAA and MPIAA.

      I'd have guessed the R-I-Eh-Eh and the M-P-Eh-Eh.

      --
      Jenny's got a new number! 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  2. Should I move to Canda? by mstromb · · Score: 5, Insightful

    So, this means that I get to download anything I want while in Canada free of guilt and cost... right?

    1. Re:Should I move to Canda? by Babillon · · Score: 5, Insightful

      That's the way I go about things. They're pretty much just yelling at us "Hey, go for it. We think you're stealing anyway."

      Wouldn't it be grand if the people who distribute software started pulling this crap too? I'd feel obliged to take them up on their fees and start downloading away.

    2. Re:Should I move to Canda? by acidrain · · Score: 5, Interesting

      So, this means that I get to download anything I want while in Canada free of guilt and cost... right?

      Actually yeah. In Canada we pay a small tax on blank tapes and a special kind of recordable cd that nobody buys. The upside is that it is perfectly legal for Canadians to share their music with each other and to download music off the internet. Making files available on the web is brodcasting and therefore illegal, and charging money for copying is also illegal. However, if you want to set up an mp3 server at work, there is no law preventing that.

      What it comes down to is you cannot tax illegal behaviour. Our courts would never accept it. So this isn't that scary, in that there an upside because they also enshrine the right to share music with those players. As for digital photography? That would result in too many pissed off taxpayers. Probably the worst would be some brand of memory card being released with an absurd tax just like for cds. And it will quietly be ignored by consumers, if they ever see it.

      Finally, just because they are asking for $25 doesn't mean the politicians won't just give them $2.50 and tell them to keep quiet. We have a minority government right now so the politicians are far too busy kissing voter but.

      --
      -- http://thegirlorthecar.com funny dating game for guys
    3. Re:Should I move to Canda? by spagetti_code · · Score: 4, Insightful
      I think we first need to ask who will actually get the money.

      Sure, they say its for the artists - but once the PCC's "costs" are taken out - how much will be left.

      How will they distribute the money? Proportional to the CD sales? To online sales? Will they just cut a check to every artists in canada? How will recompence non-canadian artists? Or is this just a scam fee going to the RIAA? (Just like the millions that the RIAA is making from their lawsuit business - that sure as hell ain't going to Justin Timberlake or Joni Mitchell)

    4. Re:Should I move to Canda? by BobNET · · Score: 4, Funny

      Wouldn't it be grand if the people who distribute software started pulling this crap too? I'd feel obliged to take them up on their fees and start downloading away.

      That'd be great since I wouldn't feel bad when I download OpenBSD instead of buying the CDs. The government would obviously give them their fair share of the levy...

    5. Re:Should I move to Canda? by Foerstner · · Score: 4, Informative

      What it comes down to is you cannot tax illegal behaviour. Our courts would never accept it.

      Count yourself lucky, I guess. In the US, it is, for example, illegal not to declare your income from criminal activity to the IRS for taxation. (Which is why so many mobsters were eventually nailed for "tax evasion" as opposed to racketeering, extortion, theft, or murder.)

      Further, I'm willing to bet that paying the tax would not protect you from a civil suit from the RIAA.

      --
      The US free market: two halves of a government-granted duopoly are free to set the market price.
    6. Re:Should I move to Canda? by Tanktalus · · Score: 2, Insightful

      First, Canada never had prohibition. Second, you're thinking Al Capone. That's the US. The GP is saying that Canadian courts don't allow for explicit taxation of illegal behaviour. That has not ever really been a US thing (income is income, whether legal or not). It may be related to the concept that Canadians don't pay taxes on lottery winnings, but Americans do: income tax is targeted at employment income in Canada.

    7. Re:Should I move to Canda? by Pig+Hogger · · Score: 2, Informative

      So, this means that I get to download anything I want while in Canada free of guilt and cost... right?
      More than that, you can borrow CDs from public libraries and copy them into your digital collection, then share that digital collection on a peer-to-peer system and, of course, download music, as the supreme court has decreed that this is legal according to the current copyright law.

      Better yet, at this moment, there is no bill pending consideration that would change that; bill C-60 died a year ago when elections were called.

      And finally, given that there will likely be elections this year, there is no chance that such a bill may pass in the near future.

    8. Re:Should I move to Canda? by Dread+Pirate+Skippy · · Score: 2, Insightful

      That isn't what's happening here though. This is like saying that whenever someone purchases a vehicle, it could be used to drive faster than the speed limit, and as such a fine is charged for that infraction before it does or doesn't occur. Pretty ridiculous, no?

    9. Re:Should I move to Canda? by bky1701 · · Score: 2, Interesting

      What it comes down to is you cannot tax illegal behaviour. Our courts would never accept it.
      I don't know about there, but in the US theft, fraud, extortion money, bribes and other illicit gain IS taxed, income taxed. Yes it's strange, but it's how it is. I am willing to bet it's the same in Canada as well.
    10. Re:Should I move to Canda? by _KiTA_ · · Score: 2, Insightful

      Further, I'm willing to bet that paying the tax would not protect you from a civil suit from the RIAA.

      Given that being dead doesn't even protect you from a civil suit from the RIAA, I somehow doubt you not breaking any mere mortal laws would slow them down, either.

      Hey, after all, it didn't stop them from attacking AllOfMP3, either. Or The Pirate Bay. Or any other site that they just don't like, eh?

    11. Re:Should I move to Canda? by cpt+kangarooski · · Score: 2

      Two reasons. First, the law is pretty broad, defining income as all income, however derived. They didn't want to leave much out. Second, more suckers will play the lottery if the number is the bigger pre-tax amount than the smaller post-tax amount. So they'd rather do the former. Of course the lottery is a tax on being bad at math anyway.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    12. Re:Should I move to Canda? by raehl · · Score: 2, Insightful

      How will they distribute the money? Proportional to the CD sales?

      As I have sold NONE of my CD's in Canada, clearly I have suffered the largest losses to piracy, and deserve the largest share of the levy.

    13. Re:Should I move to Canda? by shark72 · · Score: 5, Interesting

      "So it's just like the US (hint: Audio Home Recording Act)."

      Nope. These two statements are true:

      1. Canadians pay a levy on recordable media.
      2. In some circumstances, it's legal for Canadians to share copyrighted music.

      However, the following is not true:

      Canadians pay a levy on recordable media. Because of this, in some circumstances it's legal for Canadians to share copyrighted music.

      To be sure, lots of Canadians use the levy as moral justification to pirate as much music as they can, often citing the fact that artists are compensated by the levy (the reality is that it largely goes to Canadian artists). In other words, Canadians have their choice of 94 moral justifications for piracy, vs. the 93 that we in the United States have.

      You're correct that the AHRA defines tariffs on some recordable media (including DAT machines, and those music CD-Rs that nobody buys). I'm sure there are lots of people who use the existence of this tariff as a moral justification for piracy, but the tariff certainly doesn't make it legal.

      --
      Sitting in my day care, the art is decopainted.
    14. Re:Should I move to Canda? by shark72 · · Score: 4, Informative

      "How will they distribute the money? Proportional to the CD sales? To online sales? Will they just cut a check to every artists in canada? How will recompence non-canadian artists? Or is this just a scam fee going to the RIAA? (Just like the millions that the RIAA is making from their lawsuit business - that sure as hell ain't going to Justin Timberlake or Joni Mitchell)?"

      The CPCC has a web site here. Hit the link on the left labelled "Royalty distribution." It's a bit dry, but you should be able to get an answer to all of your questions.

      Keep in mind that the CPCC != the CRIA (Canada's equivalent of the RIAA). The CPCC represents primarily artists.

      --
      Sitting in my day care, the art is decopainted.
    15. Re:Should I move to Canda? by Sarastrobert · · Score: 3, Funny

      OT, but pretty funny.

      A couple of years ago in Sweden a prostitute demanded to be able to be able pay tax on her income, she argued that she too had a right to the social benefits this provides (In Sweden, prostituting yourself in not illegal, pimping or buying sex is though).

      After a lot of fuss with the tax authorities, she was finally granted to pay tax on her prostitution income. She then immediatley sued our prime minister for selling sex, since he got a share of the money, she argued, he was acting as her pimp.

      That courtcase never got far I think, but it was pretty funny none the less.

  3. You've gotta be shitting me by DurendalMac · · Score: 2, Insightful

    It's good to know that the record industry in the US aren't the only thugs in the business. Yeah, let's just assume everyone is a crook and charge them up front! The greed of these fuckers is absolutely endless.

    1. Re:You've gotta be shitting me by Derek+Loev · · Score: 5, Interesting

      According to this article" music sharing does not kill CD sales due to the fact that those that download music would not likely buy it in the first place. MP3 Players and P2P software have become the scapegoat of the music industry. They are trying to compensate for something they caused (by releasing music overpriced and more) by taking away from the consumer. It's completely ridiculous.

    2. Re:You've gotta be shitting me by Yoozer · · Score: 2, Insightful

      The filet mignons can no longer be used by anyone else. The stream of bits representing the music can, because it's not gone after it has been copied. Congratulations for falling for the "stealing" FUD and using a bad analogy.

    3. Re:You've gotta be shitting me by Joce640k · · Score: 2, Interesting

      You're comparing k-fed to "filet mignion"?

      Maybe a better analogy would be going into an "all-u-can-eat" special and pocketing some extra dumplings for the dog.

      It's still be a broken analogy though. Downloading is more taking pictures of the food than stuffing it in your pockets and taking it home with you.

      --
      No sig today...
  4. I have an idea by Derek+Loev · · Score: 3, Funny

    Is anybody else up for a Canadian Tea Party?

    1. Re:I have an idea by CastrTroy · · Score: 4, Funny

      I'm guessing you aren't talking about this kind of Canadian Tea Party

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    2. Re:I have an idea by dcam · · Score: 2, Funny

      You North Americans don't know how to have a good tea party. There should be less tomahawks and bad hair cuts and more cucumber sandwiches.

      --
      meh
  5. Why do I need to pay this? I buy my music @ iTMS by aristotle-dude · · Score: 4, Insightful

    Do they want me to stop buying music? If I am going to be charged for buying a new iPod, I should be able to download at least as much music as it costs for the fee right? If they are going to accuse people of being thieves, then I suppose they have no choice but to stop buying music completely and just pirate it. Way to go CRIAA. Have fun with bankruptcy.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  6. Hey Canadians... by tsm_sf · · Score: 3, Interesting

    Is the fee you currently pay on blank CDs considered a license to burn whatever you want?

    --
    Literalism isn't a form of humor, it's you being irritating.
    1. Re:Hey Canadians... by flyingfsck · · Score: 2, Informative

      Yes. I copy CDs from the town library guilt free...

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    2. Re:Hey Canadians... by edschurr · · Score: 5, Informative

      You can copy music from a friend if you put it on a medium which has the levy, because then you have paid royalties. It may be the case that you can download, given the same condition. See A Guide to Copyrights: Copyright Protection.

    3. Re:Hey Canadians... by KillerBob · · Score: 2, Informative

      Basically, yeah. It is. It's the rationale for why the recording industry hasn't ever even tried to sue people for downloading music in Canada: it'd never stand up in court. We're already compensating the artists directly through the tariffs, which are getting distributed to the artists' guilds directly, not to their industrialist herders.

      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    4. Re:Hey Canadians... by Henry+V+.009 · · Score: 2, Informative

      The recording industry has never tried to sue anyone in the U.S. for downloading -- only uploading.

    5. Re:Hey Canadians... by Grey+Ninja · · Score: 2, Interesting

      Not because of that. But yes, we are free to download all the music we like in Canada.

  7. Consumers by CriminalNerd · · Score: 2, Insightful

    Eventually, if this tax is approved, the entire weight of the tax is going to shifted onto the consumers. Why must the consumers be punished by the same people they're purchasing music from? And people wonder why I never listen to/buy new music these days.

    1. Re:Consumers by ChoralScholar · · Score: 5, Insightful

      First of all, this is more "you have an iPod, you must be a criminal" nonsense. Well, here's what I have to say about RIAA and it's Canadian counterpart: If you treat everyone like they're a thief, it's probably because you're a thief too. (Credit to my father who said this referring to Wal-Mart) Furthermore, from their standpoint, why give people MORE ammo with which to justify pirating music and video. This will have the OPPOSITE effect than they want. (i.e. I paid $75 extra for this 30Gig iPod, and I'm gonna get my money's worth.. etc...)

  8. Translation, please... by Kythe · · Score: 4, Insightful

    These collections are intended to compensate artists and labels for the losses they suffer when people 'illegally' copy or transfer music

    No, they're not. They're intended to set up yet another cash cow for large recording companies, irrespective of whether individuals put legal or illegal copies of music on their recording devices.

    And no, they're not intended to supplement the compensation of artists, regardless.

    Geez, that was easy to translate. The recording companies don't even try to hide their intentions behind competent PR any more.

    --

    Kythe
    1. Re:Translation, please... by Bob3141592 · · Score: 4, Insightful

      Hey, I make music (actually, I don't, but let's play along here). How can I register as an artist that gets a slice of this pie?

      What's that? The artists don't get paid directly, only the big companies do? Indie musicians aren't appreciated or compensated? Doesn't seem right, does it?

      --
      In theory, there's no difference between theory and practice. In practice, there is.
  9. Re:So... by dave420 · · Score: 4, Insightful

    habeas corpus?

  10. What about the other memory? by ezratrumpet · · Score: 2, Interesting

    I know musicians who can reproduce a musical score after only one hearing. Are we going to find a way to control them? What's more - they have virtually limitless memory.

    Someone call someone before the fabric of society is torn!

    1. Re:What about the other memory? by TheLink · · Score: 3, Funny

      The problem with current copyright laws is that in the future everyone might be able to have that sort of memory for hearing, sight etc. You can also have virtual telepathy. Most of the tech is already available, it's just a matter of cost and making the implants safer and better.

      As it is, you'd probably have to have DRM in your brain "add-on", and possibly pay a fee just to remember stuff, and be prohibited from communicating with your friends about certain things.

      A penny for your thoughts? That's probably too cheap for the RIAA, MPAA etc.

      --
  11. Re:misleading headline and writeup by Joe+The+Dragon · · Score: 3, Insightful

    memory cards are the backbone of digital photography and they want to add $2-$10 to them.

  12. Re:misleading headline and writeup by Goaway · · Score: 3, Informative

    I know it's too much to expect people to read the articles linked here, but could you at least read the entire summary?

    The PCC is also seeking a new $2 to $10 tax on memory cards. The backbone of digital photography has become tangled up in the fight for making sure music companies get every nickel and dime they feel that they deserve."

  13. What's more... by Kythe · · Score: 4, Interesting

    ...considering that you could fit maybe 250 128 bps mp3's on a 1 GB iPod (that comes to about $.02 per song), I guess we know now how much people should be penalized for illegal music sharing.

    --

    Kythe
  14. Re:misleading headline and writeup by tomhudson · · Score: 4, Interesting

    They've also been sounding out the idea of a levy on hard drives.

  15. Where's my brother's money, dammit? by swordgeek · · Score: 5, Interesting

    My brother is a full-time professional musician in Alberta, and has been now for about 20 years. It's not an easy job, but it's his love and his passion.

    He's now been an artist on about six albums over the years, one of which was nominated for a Juno. Why, pray tell, has he not gotten a single bloody cent from this tariff?

    If I didn't know better, I'd almost believe that the point of it isn't actually to reward the musicians! But of course, that's just crazy talk.

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    1. Re:Where's my brother's money, dammit? by wes33 · · Score: 3, Informative

      It's a levy not a tax. You don't see it at the cash register. According to the Canadian Private Copying Collective they collected $35M in 2005 (http://cpcc.ca/english/finHighlights.htm). Up to 2005 they have distributed almost $93M. Why the OP's brother hasn't seen any of it, I can't say.

    2. Re:Where's my brother's money, dammit? by swordgeek · · Score: 2, Insightful

      All good questions. His albums have sold modestly; the Juno-nominated one was in one of the 'other' categories (Best Aboriginal Album), so not huge sales. So as a result, Nelly Furtado gets the lion's share of this money (if any artists have ever gotten any--which I'm not sure has truly been established) and the musicians who are scraping by get nothing. Not a little bit, but NOTHING.

      Then consider that while my brother is recording gigs, practices, jam sessions, etc., any copies of original music that they've burned to CDR, they have to pay a bloody levy to NELLY FURTADO!!!

      This isn't just a cash grab, it's theft from the populace, giving to the record companies and their pets.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    3. Re:Where's my brother's money, dammit? by mh101 · · Score: 3, Informative

      As I purchase large quantities of CD-Rs for use at my workplace, I've done some research into this.

      From the seller's point of view, it's not so much that they have to charge the levy to customers, but that they themselves have to pay the levy to the CPCC for any CDs they sell (the exception being sales to customers that have a levy exemption such as my workplace). Of course, that expense is passed on to the customers in the form of higher prices. In the interest of full disclosure, I've seen some places with signs out by the CDs/DVDs outlining how much of the price goes to the levy.

      In this case with the seller you point out, there are a couple possibilities. The first is that they are indeed paying the levy to the CPCC, but are not raising their prices because they subsidize their CD sales from their other sales. The second is that they are not playing by the rules. If they're not paying the levy, they're engaging in illegal activity, to the best of my knowledge.

      One other thing to point out here is that since it's technically that the Canadian sellers pay the levy on CDs they sell as opposed to Canadian customers paying it on stuff they buy, it's perfectly legal for Canadians to purchase their CDs from the US and avoid the extra costs associated with the levy.

      --
      Duct tape is like the Force. It has a light side, a dark side, and it holds the universe together.
  16. Re:Sweet... by dmoen · · Score: 3, Funny

    state-sanctioned anal penetration!

    It's a Canadian tradition. Why else would we legalize gay marriage?

    --
    I have written a truly remarkable program which this sig is too small to contain.
  17. Revolution! by rossz · · Score: 4, Funny

    The members of the RIAA and the Canadian equivalent will be the first against the wall when the revolution comes.

    Ah, fuck it. Why wait for a revolution? Everybody get your guns and we'll meet down at the bar to plan our attack on these useless leeches.

    --
    -- Will program for bandwidth
    1. Re:Revolution! by armchair99 · · Score: 2, Funny

      Oops, wait! First we registered all of our guns, then they government took them all away...damn!

    2. Re:Revolution! by RyoShin · · Score: 2, Funny

      Ah, fuck it. Why wait for a revolution? Everybody get your guns and we'll meet down at the bar to plan our attack on these useless leeches.
      I believe you mean "Everybody get your guns and we'll meet down at the bar, get drunk, shoot ourselves in the foot, then decide this was a stupid idea and go home to watch TV like the placid Americans/Canadians we are."
  18. Private Copying Levy by vic-traill · · Score: 5, Informative

    The Private Copying Levy is what lets me download with impunity in Canada. The dollars may or may not actually get to the artists (google away on this one), but it certainly does facilitate my p2p activities.

    I don't know who the 'Private Copyright Collective' is, but this position is at odds with what we've been hearing about the Canadian Recording Industry Association's position - last heard as wanting to do away with the levy:

    http://michaelgeist.ca/component/option,com_conten t/task,view/id,1200/Itemid,85/nsub,/

    I think this is an interesting tactic: collect levy at the front end, squeeze the availability of material via p2p networks through increased DRM on released materials.

    Quite honestly, I don't really notice the levy at my pocketbook, and it does make for an entirely different legal landscape for p2p downloading. Michael Geist is the Guy in the Know about this landscape in Canada - check out his blog at the address above, there's reams of material there.

    --
    [17] Leary, T., White, C., Wood, P. R., Bhabha, W. D., and Wirth, N. Lambda calculus considered harmful. In Proceedings
  19. Why not make it an option? by Kythe · · Score: 2, Insightful

    If they think this is a good deal, then why not make it part of a package when one buys an iPod? Spend an additional $5 for your 1GB iPod, and you get a contract that says you can download as much cartel music as you want, from any source, to that device.

    For people who want to go the iTunes route, they could simply turn down the contract.

    Sigh. Something tells me the fact that they're trying to legislate this means they wouldn't go for my idea. Not enough free money in it for them, I'm guessing.

    --

    Kythe
  20. How do I send them my comments? by javacowboy · · Score: 4, Insightful

    How do I contact the organizations making these proposals? I want to give them a piece of my mind, namely to tell them they can't have it both ways:

    1) Make unauthorized copying illegal.
    2) Charge me for it.

    Do they want a compulsory licensing scheme, as has been proposed by The Register, or do they want people to pay for each copy of music they purchase.

    They should make up their damn minds, because they can't have their cake and eat it too.

    --
    This space left intentionally blank.
    1. Re:How do I send them my comments? by physicsnick · · Score: 2, Informative

      I want to give them a piece of my mind, namely to tell them they can't have it both ways:

      They don't. "Unauthorized copying" is legal for personal use in Canada.

  21. Re:Why do I need to pay this? I buy my music @ iTM by Undefined+Parameter · · Score: 4, Interesting

    I have a better question: If this becomes Canadian law, does that mean that Apple's iTMS and other MP3 stores start providing their content free to Canadian individuals, but start charging the labels/artists per song?

    --
    Eat the Path.
  22. It's a global thing I guess. :) by Anonymous Coward · · Score: 2, Interesting

    Seems like local versions of these interest groups in other countries, are lobbying for similar taxes. sometimes they get away with it, sometimes they don't. The all have the same thing in common that they lack any form of PR skills. :)

    There have been a game going on for years here in Europe, fx in Denmark the price of a blank CD or DVD were at one point 5-10 times higher than the same product in Germany. So of course people would just buy a spindle when on vacation og ordering it on the internet and save a lot of money. I believe that the price today still is like 3 times higher in DK. about 1$ for 1 DVD.
    Example in Danish and Kr. http://www.edbpriser.dk/Products/Listprices.asp?ID =175201
    (se) eq. online shop in Sweden. (de) eq. shop in Germany. fragt=delivery, pris=price, total=price incl. delivery.
    The shop in the bottom are a local/national shop, hence the 3x price.

    So all they gained from the tax was that everyone who aren't stupid, are buying their media in bulk from abroad. and then they get 0%. Even when I bought a DVD burner in a store they advised me not to buy the DVDs in their shop(they also only had small selection even tough it was a huge store), but order them online from Germany instead.

  23. why is it by v1 · · Score: 4, Funny

    that the recording industries believe that all they have to to do make money is to make more laws?

    Why don't they try something novel like oh.... selling a product to us?

    I say we pass a law that everyone that buys a crowbar has to pay me a nickel, to make up for the losses I incur every time someone breaks into my house. ya.

    Idiots. No, I take that back. By saying that I'm just insulting the idots and that's not fair for even them.

    --
    I work for the Department of Redundancy Department.
  24. Brilliant by augnober · · Score: 2, Insightful

    I always did find "innocent before proven guilty" to be rather ineffective. Why not just calculate the average of criminal activity among the whole population, and incarcerate each person for the amount of time found in the result? Think of the money that could be saved when the courts are closed down.

  25. $40 for a 30 gig ipod? by guardiangod · · Score: 4, Insightful

    For each 700mb cd-rw, the levy is 30 cents.

    A 30gb ipod has 30000mb-

    30000mb/700mb = 42.9 cdrs

    42.9 cdrs x 30 cents = 1286 cents = 12.86 dollars

    The association better have a very good reason why they want to charge for than 3x for the ipod compared to cd-rws.



    Also, why stop with ipod? I can record information on harddrives too! Let's see, a typically hard drive in a computer has 250 gb. Obviously, if a 30gb ipod costs $40, a 250gb computer should cost (250/40) x $40 = $240! We all know computers are the main source of illegally downloaded mp3!

    1. Re:$40 for a 30 gig ipod? by guardiangod · · Score: 2, Interesting

      The collective had argued the memory inside a digital audio device such as an iPod is an audio recording medium primarily used to store music, and therefore should be subject to the Canadian Copyright Act.
      ...It says devices such as the iPod can be classified as a "recording medium" and should be subject to taxation.



      Noticed that the collective is arguing that the device is a "recording medium" used to "store music", not "you can listen to it".

      In other words, they are putting the tax not because you can listen to it anywhere, but because you can store "their" musics on your "recording medium".

      Subtle, but boy does it make a huge difference.

    2. Re:$40 for a 30 gig ipod? by TheoMurpse · · Score: 3, Funny

      (250/40) x $40 = $240
      Let's have a moment of silence for the death of a teacher, because every time you multiply X by 1 and get something other than X, a calculus professor kicks the bucket.
  26. Lesser of two evils by wicka · · Score: 2, Insightful

    I agree that these taxes are ridiculous - $75 being quite a hefty price increase - however, if this is a replacement for record companies suing random 12 year olds for $5000, I can't say it's totally bad.

  27. Crucial difference by C10H14N2 · · Score: 2, Interesting

    "Making files available on the web is brodcasting"

    Americans don't seem to grok that one. "Sharing" to them extends to handing out a copy to every resident of the planet.

  28. They did it in Europe by guruevi · · Score: 4, Informative

    A few years ago some countries in Europe adopted a similar taxing on media-carriers and media. The problem is that not a single musician or even a record label sees any of the money. The state forwards it to this 'non-profit' organization and recently a 'scandal' quickly buried by the media came out that actually in over 3 years, millions of euros have been collected and none have been paid out. It also came out that the employees of this 'non-profit' organization (similar to RIAA) had salary's exceeding 250k/year.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  29. The content providers contribute very little by dbIII · · Score: 4, Informative
    One point that everyone is missing is that many of the content providers pay very little tax - with Hollywood accounting blockbuster movies make a loss and with record company accounting even the performers have to pay for a lot of things which any other industry would pay for out of revenue - let alone money left over for to be taxed.

    I think the suppliers of blank media make a greater contribution to the economy and the tax base - and really shouldn't be victimised because some loud tax dodgers with good lobbyists want a special tax to feed themselves and drain from another portion of the economy.

    Goverments are not supposed to be fee collectors for private companies - they are supposed to work in the interest of their nations.

  30. Wow by Greventls · · Score: 2, Interesting

    What happens in 5 years? Is the scale the same so that a 1GB memory card is $5.10? The government isn't going to keep updating the law yearly. Eventually everything will have the maximum tax as memory capacity fully goes into the highest taxed end of the scale.

  31. It doesn't make sense by Sgt_Jake · · Score: 5, Insightful

    I've seen it before, but I've never quite understood how any government can be convinced to collect taxes for a non-government enterprise. Unless the government is now going to start producing, regulating or in some other way getting involved in the music industry, and intends to use the taxes to pursue that enterprise, why exactly would they collect taxes for it? -- I know it's slashdot but this is a serious question if anyone knows [seriously though - I know it's slashdot, but please refrain from the corruption/collusion arguments for at least 3 posts... ] [[no, seriously... ]]

    1. Re:It doesn't make sense by Anonymous+McCartneyf · · Score: 2, Interesting

      I believe that the Canadian government does subsidize the creation of Canadian music, on the theory that American culture would swamp Canadian culture (more) thoroughly without the subsidy.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    2. Re:It doesn't make sense by Tim+C · · Score: 2, Insightful

      I've never quite understood how any government can be convinced to collect taxes for a non-government enterprise

      Well, is the levy applied to the price before or after sales tax/VAT?

      If before, then there's your answer.

  32. Distribution of Tarriffs by steveoc · · Score: 5, Funny

    Never quite understood how these levies/tariffs are distributed back to the artists.

    So say if I download a few songs from groups such as Blood-Axe, mix it up with a bit of psy-trance from Finland, and then round it out with some Pendulum ... and then burn it all on a CD for my car driving pleasure ... how does the RIAA know how to distribute the funds to the starving artists in this case ?

    What, they dont ?

    So you mean despite the efforts of the original muso's involved, plus my time to mix and burn the CD - they just end up writing out yet another cheque to Celine Dion for all of our collective efforts ?

    Fuck No !

    Ive never wanted to even to listen to Celine Dion. Not ever !

    But when I step into an elevator, or pass through a shoe shop - there she is, singing in the background and generally ruining my day.

    I dont want to listen to her, but yet she still gets royalties out of me when I make my own CD, or backup my harddisk ?

    That is so totally around the wrong fucking way. Man - I should be PAID by Celine Dion instead as compensation for HAVING to listen to any of her music, which is clearly against my wishes. She infringes upon my personal aural liberty, and yet ... money from my pocket ends up in hers anyway ?

    That is just WRONG on so many levels.

    Seriously - does ANYONE go the effort of actually downloading Celine Dion music and burning it on CD's Why ? So they can hold hands with their so-called 'friends' and dance around and be silly between glasses of cheap wine ?

    What they should do is just stick to selling normal CD's and iPods and things without the tarriffs, but give people the right, if they so choose, to pay $100 and get a licence key that will put their CD Burner or iPod into some sort of crappy 'Celine Dion Mode'. In the same way that you can take a perfectly good PC, and pay $400 or whatever it is to stick Vista on there - enabling 'Celine Dion' mode on the iPod will virtually trash the machine, in exchange for getting the 'Wow' of having it play Celine Dion songs .. for a fee of course.

    The iPod should just operate normally, unless you 'opt-in', and pay the fee, after which the iPod degrades itself to the point where it will play Celine Dion music. 'Look Herbert, my iPod it now plays Celine Dion !!'. 'Yayy !'. 'Hey Clarence, your iPod - its turning a pale shade of Green !!'. 'Its all about the Yayy !!'.

    Its just WRONG

  33. Re:misleading headline and writeup by alx5000 · · Score: 2, Insightful

    Next thing you know they are taxing paper (since I can hand-copy, or even xerox, copyrighted material), pens (Devil's instrument), headphones and speakers (cheap bastardic broadcasting equipment) and parrots, and they'll find a way for the Government to pass a law stating that airwaves qualify as comercial goods and so the more you get, the more copyrighted content you are stealing, you nasty little thief.

    Oh, and you better start forgetting how to hum. We'll tax that too.

    --
    My 0.02 cents
  34. Hard disk prices by EmbeddedJanitor · · Score: 2, Insightful

    That $100 HD will now cost $150. Nice.

    --
    Engineering is the art of compromise.
  35. Double dipping bastards by quacking+duck · · Score: 3, Informative

    We had such a levy on iPods and other "recordable media" a few years back, it was struck down and collected levies had to be refunded. Now this organization wants to put the levies back (and expand them).

    At the same time, the Canadian Recording Industry Association (think Canadian RIAA) is lobbying to eliminate fair use rights in order to "harmonize" with the US's draconian copyright system (the same harmonization that fucked over the Australians when they signed their free trade agreement with the US).

    The attempt at double-dipping is truly mind boggling; it's depressing that no one in power cares.

  36. Tax Bandwidth by dekkerdreyer · · Score: 2, Informative

    What they should be doing is taxing bandwidth. If your cable company offers "up to 3gbit/s of bandwidth", you should be able to download up to that much of pirated music per second. So it would make more sense to tax the bandwidth! The math comes out as...

    3gbit = 375 megabytes of data per second

    I saw a quote of $0.30 per CD, which comes out to $0.16 cents per second, or roughly $414,720 per month in piracy taxes.

    --
    Dekker Dreyer
  37. SHOVE YOUR FUCKING LEVY UP YOUR ASS by future+assassin · · Score: 2, Insightful

    The memory card levy part of this is utter bullshit. Fuck this pisses me right the fuck off. I DONT buy new music or download it. I DO download music from cd's I already own which by the fucking way I buy at a pawn shop for $2/3 dollars. NOW I do take tons of photos with my Olympus E1. I fucking will not be forced to pay some shitty ass music artiss wages for the pleasure of storing MY OWN COPYRIGHTED photos from my camera onto a memory card.

    And who the fuck stores music on memory cards? I dont have any links to data that will show this but I'm prety sure and everyone know this that sales of memory cards for digital cameras beats the sales of memory cards for music players by a long shot.
    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  38. At $75 extra a player... by SuperKendall · · Score: 2, Funny

    ...I should legally be able to walk right up to any artist and kick them in the nads.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  39. But what are they taxing? by Anonymous+McCartneyf · · Score: 3, Interesting

    If I read this correctly, the people wanting these taxes also want to tax memory cards of a sort that work in MP3 players but are more often used in digital cameras. What should the digital photographers do, if this law is passed, when their current stock of memory cards runs out?
    And if hard drives get taxed, what will you do when your current HD dies?

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  40. prove to me the artists get the money... by acroyear · · Score: 2, Insightful

    ...and I might be willing to pay the fine.

    Seriously, there is no evidence at all that the labels (almost all American, btw) will actually give a dime to the artists on top of their existing contracts.

    The "standard recording contract" pays the artist an upfront advance that is recouped from the royalties (usually a meager 12-14%, some of which may go to the engineer or the producer). IF and ONLY IF that advance is recouped in full (and record labels have tons of accounting tricks to assert that even a million-seller didn't "recoup") will the artist actually start seeing real royalty payments come in. (BTW, through all of this and beyond, the label owns the music, not the artist.)

    There is nothing in the artist contract that actually has allowances for when extra "fees" collected on behalf of the artists of the label actually is applied to the payment of the advance. There is nothing in the accounting systems of a record label that will actually distribute such collected fees back to the artists of the label, either as cash or as applied to the advance.

    The label keeps the money, most of which is either pure profit (it didn't cost them anything except paying the lobbyist) or at least is applied to the "general fund" which is used to pay the advance for the next standard artist's standard contract, and the legalized slavery continues unabated.

    Unless the law goes against the labels as well, requiring that they show proof that they have changed their contracting and accounting systems to actually give an acceptable cut of this income to the artists, then all that has happened is that the legislation has totally bought into the lies and deceits of the music industry, and is sanctioning theft of both the artists AND the consumers.

    --
    "But remember, most lynch mobs aren't this nice." (H.Simpson)
    -- Joe
  41. Just write some data to it, first by mh101 · · Score: 3, Informative
    One of the details regarding the levy is that it is only on blank media that has never stored data. From http://neil.eton.ca/copylevy.shtml:

    If you are a manufacturer or importer, you can avoid the levy entirely on your products as long as you record some sound on the media before you sell it. The sound recorded on the media can even be erased. Clearly this is not an option for CD-Rs, but for devices that include a hard drive, simply recording a sound on the drive and then erasing it exempts the drive from the levy. This is because (as the legislation now stands) "blank audio recording medium means a recording medium, regardless of its material form, onto which a sound recording may be reproduced, that is of a kind ordinarily used by individual consumers for that purpose and on which no sounds have ever been fixed..." MP3 player manufactures could just preload some music onto it, and no levy for them! It's especially good for Apple then, that the Apple v. Apple thing has been settled.

    --
    Duct tape is like the Force. It has a light side, a dark side, and it holds the universe together.