Month: May 2011

According to The Wire, the Retail Council Of Canada has formally asked the Conservative government to scrap the blank audio media levy.

The group had previously stated in a March 12th, 2010 press release that they oppose any extention of the levy, stating that it would disadvantage Canadian retailers. And in this press release they stated they believed this “anti-competitive tax should be repealed altogether” :

“Retailers contend the levy system is obsolete in an age of rapid technological change and does nothing to support and protect Canadian artists.”

I agree. And strangely enough the proponants of the levy also agree because they’re constantly trying to levy the next technology by stating the previous technology is no longer being used to copy music.

In less than five years the current levy was made obsolete, resulting in the following question on the savethelevy.ca web site : “It’s 2011 … who uses CD-Rs to copy music anymore?”

Well, cell phones and tablets are now being used to play back music files and cloud services will stream music to these devices shortly in Canada, making mp3 player obsolete soon. But of course like the Retail Council of Canada I believe the CPCC’s arguements are fundementally flawed :

“Retail Council of Canada calls for changes to the Copyright Act to provide an explicit exception recognizing that private copying for archival or backup purposes and for format shifting purposes by individuals of legitimately acquired copies of works or sound recordings and movies is legal. This should include private copying for such purposes as platform shifting, backup purposes, or the avoidance of obsolescence.”

Remuneration is not required from consumers that have purchased music from online music retailers whose formats imply use on portable music devices in which electronic memory cards can be placed or embedded. And individuals that make personal copies for private use from recordings they’ve purchased fail to qualify as distributors because the recordings and resulting copies remain in their possession, regardless of the format shifting involved.

Private copying in no way infringes copyright, as defined by Part III, Section 27 of the Copyright Act. And a levy is not required because royalties have already been collected from the sale of legally purchased compact discs or music files, from which the private copies are made.

The alledged prominence of piracy on the internet in no way make devices like mp3 players conform to the term “blank audio media”, as defined by the Copyright Act. And the Copyright Board have already ruled that memory cards also did not qualify in a December 12th, 2003 decision.