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CRIA disputes Canadian MP3 player levy

17 September 2007 18:23 by Rich "vurbal" Fiscus | 9 comments

The CRIA, Canada's equivalent of the RIAA, has changed their position on a copyright tax for MP3 players. Although they've been in favor of extending a levy already collected from the sale of CD-Rs and audio tapes to apply to portable music players, they've now decided to come out against the idea.

The reason is simple. The CRIA is afraid that by paying the tax, consumers would expect to get what they're paying for. While the CRIA believes such a tax only gives individuals the right to copy muisc they've already paid the music industry for, according to law professor Michael Geist the relevant case law say otherwise. Based on past court decisions, consumers would be entitled to download music from places like P2P networks for their players.

In an affadavit filed in Canada's Federal Court of Appeal challenging a decision by the Copyright Board of Canada to extend the levy to portable music players, CRIA President Graham Henderson said adoption of the levy "could potentially be interpreted to allow the copying of music files from any source - whether legitimate or illegitimate - onto any type of device ordinarily used by individuals to copy music." In other words when consumers pay for a license they'll expect to get some music to go with it.

The case will likely not be decided until next year, but in the mean time don't be surprised to hear the standard recording industry rhetoric about how file sharing is equivalent to a back alley mugging. Apparently some in the industry feel that lawsuits are a better source of profit than music licensing.

Source: Michael Geist

Permalink to this article

European Commission to examine copyright levy (16 February 2008)

Canadian Privacy Minister expresses concern over copyright amendments (22 January 2008)

CRIA threats lead to shutdown of Demonoid site (9 November 2007)

CRIA to appear in appeals court (19 April 2005)

Manufacturers challenge Canadian MP3 player levy (13 January 2004)

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mspurloc (Member) 17 September 2007 19:26
And here we see the inherent flaw in all current DRM. The fatcats try to dictate what we get for our money and what they're trying to sell isn't what we want. Worst of all, they have not a single clue what we do want. So what choice have we but to get what we should have the right to have in the first place; clean files that we own and can do whatever we want with, within the bounds of fair use. [ + quote]
SGSeries2 (Junior Member) 17 September 2007 20:23
They have what on cd-r's in Canada????? [ + quote]
BIGnewb (Inactive) 18 September 2007 2:30
*Originally posted by SGSeries2:* They have what on cd-r's in Canada????? what are you talking about? [ + quote]
pierrrre (Junior Member) 18 September 2007 8:22
For several years now, a portion of the sale of blank CDs is sent to the music industry. No matter if you use them for music or not. I am no expert but this is what I understand of it. Piss me right off since I am Canadian and must give money to the music industry and don't use the CDs for music in the first place. [ + quote] This message has been edited since posting. Last time this message was edited on 18 September 2007 8:22
phantasee (Newbie) 18 September 2007 8:35
I was always a little mad because of the levy for the same reason as Pierre. But if that levy works against the CRIA, in that it legitimizes downloading music, well I think that's just dandy. This is what they mean when something comes back to bite you, hey? [ + quote]
SGSeries2 (Junior Member) 18 September 2007 21:54
*Quote:* a levy already collected from the sale of CD-Rs and audio tapes What pierrrre & phantasee said; That's what I was talking about. I didn't know that. [ + quote]
afbosch (Newbie) 21 September 2007 8:19
yes, her in canada we pay a levy, but you might as well call it a tax, on all cd and dvd blank, that could be use to record music, and the money is given over to the music co. it not well know that this is happen in canada, even by people liveing here now ther what to put the same tax on all MP3 player therte seem no end to the greed of the music co. there just try differnt way in differnt country The current levy on CD-Rs is 21� each. The new levy for non-removable memory permanently embedded in digital audio recorders is $25 for each recorder with memory capacity of more than 10 gigabytes. http://neil.eton.ca/copylevy.shtml The "Blank CD-R Tax" FAQ [ + quote]
phantasee (Newbie) 21 September 2007 14:41
What's most amusing about the levy is that it is meant to go to Canadian recording artists, except it doesn't. I don't think it even goes to the CRIA. The gov't quietly pockets most of that money. [ + quote]
borhan9 (AfterDawn Addict) 24 September 2007 14:43
all countries have a form of gst now why do we need another levy. [ + quote]