Consumer To Industry - Enough Is Enough !
This is an archived article. Please consult the buymusic.ca blog for additional information.

On July 28th, 2005, the Supreme Court Of Canada refused to hear an appeal from representatives of the major labels in regards to a levy on iPods and similar devices, agreeing with the Federal Court Of Appeals that these are devices and not blank audio recording media, as defined by our copyright act. The federal Court of Appeal re-established their views on January 10th, 2008 after the Copyright Board had certified a levy on Mp3 players and iPods, halting again the levy for 2008-2009.

Unfortunately, it appears that some members of the music industry are still claiming that we therefore cannot perform "private copies" to these devices or even our own hard drives because these aren't "blank audio recording media".

I question these claims using the following arguements :

  • iPods and similar devices are not "blank audio recording" media but contain "audio recording" media as defined by section 79 of our Copyright Act.
  • Some iPods and similar devices contain media on which software and music can be found so these specific devices cannot be considered "blank audio recording" media as defined by section 79 of our Copyright Act.
  • The terms "audio recording medium" and "blank audio recording medium" have seperate definitions in section 79 of our Copyright Act and section 80, subsection 1 of our Copyright Act states that copying "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".
  • Audiocassetes of less than 40 minutes are not levied yet the industry failed to claim that private copying to this "blank audio recording medium" was illegal.
  • The industry has failed to provide statistics regarding the use of these devices, to justify any levy. How much of an average device's storage is used for copies from CDs ? How much for legally purchased downloads or authorised copies from copy protected discs ? Copyright owners are already being compensated for the later and heresay is not evidence.
    (Reference : Copyright Act - section 79 / section 80)
  • The consumers of this country are not criminals. They purchase music and these devices help them enjoy the music they purchased without the inconveniences of certain antiquated technologies.

    As a consumer, I say - Enough is enough !

    Please send your polite, postage free comments to :

    The Hon. Josée Verner
    House of Commons
    Parliament Buildings
    Ottawa, Ontario
    K1A 0A6

    Click Here To Send Email
    The Hon. Jim Prentice
    House of Commons
    Parliament Buildings
    Ottawa, Ontario
    K1A 0A6

    Click Here To Send Email
    Click Here To Search For Your Local MP By Postal Code
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