Interim Tariff 2012-2013

“The private copying levy is an important source of revenue for music rights holders and the interim tariff ensures that they continue to receive this compensation until the Copyright Board certifies the final tariff for 2012-2013,” said Lyette Bouchard, Chair of the CPCC.

The Copyright Board will hear arguments for the Private Copying Tariff, 2012-2013 beginning on October 9, 2012.

The CPCC has also filed an application with the Copyright Board for a private copying levy to be applied to microSD memory cards in 2012 and 2013. Research shows that as with the previous shift from cassette tapes to CD-Rs, technology is changing and Canadians are now using microSD memory cards to copy music.

Once the Copyright Board has certified a tariff on microSD memory cards, it will be effective from January 1, 2012 for all microSD memory cards sold in Canada by manufacturers and importers.

The interim tariff and proposed tariff for 2012-2013 can be found on the Copyright Board’s website: http://www.cb-cda.gc.ca.

Established in 1999, the CPCC is an umbrella organization whose member collectives represent songwriters, composers, music publishers, recording artists, musicians and record companies. The CPCC is the non-profit organization responsible for collecting and distributing private copying levies.

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 For more information contact:

Nadine Agbedetse
CPCC/SPCPC
416.486.6832, ext.221
1.800.892.7235
nagbedetse@cpcc.ca
www.cpcc.ca

To clarify:
The CPCC collects levies on blank audio recording media used by individuals to make copies of music for their personal use. Providers of “cloud” music services offer remote storage of and access to music files.

Apple’s “iMatch” service in the U.S. (the only country where such a deal has been struck) was undertaken on the basis of license agreements with rights holders, specifically the major record labels.

The CPCC views these services, and specifically the “iMatch” offering, as a matter of licensing between the rights holders and the cloud service providers, and not one of private copying.

It is not our position that cloud-based music distribution systems should be subject to a private copying levy under the Copyright Act, and the CPCC will not seek to obtain levies for private copies of music made with cloud storage services.

ABOUT CPCC
Established in 1999, the CPCC is an umbrella organization whose member collectives represent songwriters, composers, music publishers, recording artists, musicians and record companies. The CPCC is the non-profit organization responsible for collecting and distributing private copying levies.

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Further information contact:
Nadine Agbedetse
CPCC/SCPCP
416.486.6832, ext. 221
1.800.892.7235
nagbedetse@cpcc.ca
www.cpcc.ca

Backgrounder

The Copyright Board has published the proposed Private Copying Tariff for 2012 and 2013 on its website http://www.cb-cda.gc.ca/. The proposed tariff for 2012-13 would leave the existing levy of 29 cents on CD-Rs unchanged. The levy rates for electronic memory cards would vary depending upon memory card capacity, with proposed rates ranging from 50 cents to $3. The current tariff expires on December 31, 2011.

“A copy is a copy, regardless of whether it was made on a CD-R or a memory card,” said Annie Morin, Chair of the CPCC. “That copy has value, and a levy on the blank media used to make it ensures that the artists, songwriters and other rights holders receive the compensation to which they are entitled. It’s a matter of fairness.”

The CPCC had requested a private copying levy on electronic memory cards in 2003-04. However, the Copyright Board declined to grant a levy, stating that it was not satisfied by the evidence the CPCC was able to present at that time. CPCC Chair Morin said, “The CPCC believes that the evidence now shows that electronic memory cards are ordinarily used by Canadians to copy music. Consequently, the CPCC has requested that a levy be applied to these cards.”

No other new levies are being sought under the tariff proposal, although the CPCC continues to advocate that the Copyright Act be amended to include the extension of the private copying levy to MP3 players.

The private copying levy is an important source of revenue for music rights holders. In place since 1999, the private copying levy provides remuneration to songwriters, music publishers, recording artists, musicians, and record companies in recognition of the fact that Canadians copy hundreds of millions of tracks of recorded music for their own private use.

Established in 1999, the CPCC is an umbrella organization whose member collectives represent songwriters, composers, music publishers, recording artists, musicians and record companies. The CPCC is the non-profit organization responsible for collecting and distributing private copying levies.

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Further information contact:
Nancy Goldstein
CPCC/SCPCP
416.486.6832, ext. 221
1.800.892.7235
ngoldstein@cpcc.ca
www.cpcc.ca

The CPCC received responses from four of the five political parties, with only the Conservative Party failing to participate. The responses submitted by each party can be found below.

“The Canadian Private Copying Collective believes that music rights holders deserve fair compensation for private copies made of the music that they create, and that the best way to achieve this is through the preservation and extension of the private copying levy,” said the CPCC Chair Annie Morin. “I am pleased to note that the New Democratic Party, the Bloc Quebecois, the Green Party and the Liberal Party have all expressed support for fair compensation to music rights holders. The commitment of the NDP, Bloc and Green Party to extend the private copying levy to MP3 players like the iPod, as well as the proposal by the Liberal Party to create a Private Copying Compensation Fund, are especially welcomed by the CPCC.”

“Although the Conservative Party failed to respond to our survey, they have been clear during this election campaign that they do not favour extending the private copying levy to MP3 players. Moreover, the recent legislative changes proposed by the Conservative government in Bill C-32, did not include the much needed extension of the levy to MP3 players. In fact, the format shifting provisions proposed in Bill C-32 would have allowed individuals to copy music onto devices without providing compensation to creators. In the absence of a response by the Conservatives to our survey, there is no reason to believe their position has changed,” concluded Morin.

Established in 1999, the CPCC is an umbrella organization whose member collectives represent songwriters, composers, music publishers, recording artists, musicians and record companies. The CPCC is the non-profit organization responsible for collecting and distributing private copying levies.

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For more information, contact:
Nancy Goldstein, Communications Officer CPCC/SCPCP
416.486.6832, ext. 221
ngoldstein@cpcc.ca
www.cpcc.ca

CPCC Federal Election Survey Questions

1. Would your party maintain the private copying provisions in Part VIII of the Copyright Act, which make it legal to copy music, while providing for a levy to compensate music creators?

Bloc Quebecois – Yes.
Conservative Party – No response received.
Green Party – Yes.
Liberal Party – Offered combined response to all questions.
New Democratic Party – Yes.

2. Would your party extend Part VIII to MP3 players, making it legal to copy recorded music onto such players?

Bloc Quebecois – Yes.
Conservative Party – No response received.
Green Party – Yes.
Liberal Party – Offered combined response to all questions.
New Democratic Party – Yes.

3. Would your party also extend the levy under Part VIII to MP3 players, so that copyright owners receive compensation for copies made on MP3 players? If not, how would your party provide for fair compensation to rights holders for this use of their work?

Bloc Quebecois – Yes.
Conservative Party – No response received.
Green Party – Yes.
Liberal Party – Offered combined response to all questions.
New Democratic Party – Yes.

4. How would your party proceed with copyright reform?

Bloc Quebecois – The Law on copyright does not take into account the impact of new technologies, including the creation of the Internet, and must be changed as quickly as possible. As with any work worthy of being paid a salary, it is necessary for creators to receive their due, while ensuring that consumers benefit from this new way to access the artists’ creation.

Currently, illegal downloading is wrong for artists, who receive nothing from their creations, while Internet service providers are the only ones to receive the fruit of others’ work.

Bill C-32, introduced in June 2010 by the Conservatives, not only empowers the industry and is limited to addressing the consumers who pay for it, however, their access to the Internet.

The Bloc Québécois will ensure that the new law on copyright is equitable and does not disadvantage the creators nor consumers. This balance needs to be done, especially by modernizing the system for private copying and applying it to MP3 players and other portable digital devices, allowing for reasonable royalties to artists in redistribution. In addition, the Bloc would reject the exemption of the education community about the payment of the rights of author and recognizing the resale right for visual artists.

The Bloc Québécois is committed to creating a formula requiring ISPs to pay royalties to a fund used to pay for Quebec artists affected by the download of their work.

Conservative Party – No response received.

Green Party – The Green Party of Canada would improve the existing copyright bill, Bill C-32, which attempted to strike a delicate balance between consumer and industry interests. However the bill’s digital lock provision tilts the balance too far in favor of industry. Current legislation allows for certain groups such as students and journalists to use works without copyright permission or payment. By enshrining digital locks, this bill would effectively eliminate these special exemptions when the information is digitally encrypted.

While some of the bill’s provisions are positive, such as the “YouTube” remix exception and allowing for everyday activities such as recording television shows or moving music files from one platform to another, all of these exceptions are trumped if the original content is digitally encrypted. This digital lock provision is straight from the US’s draconian Digital Millennium Copyright Act. The Green Party asserts that this section of Bill C-32 should be revised.

Liberal Party – Offered combined response to all questions.

New Democratic Party – Canada lags far behind most developed countries with regard to copyright and intellectual property. With this in mind, if elected, Jack Layton and the New Democrat team are committed to introduce comprehensive new legislation to modernize Canada’s copyright regime within 12 months of taking office.

The Conservatives ignored the findings of their own copyright consultations in 2009 and as a result, arrived at Bill C-32, the Copyright Modernization Act – a flawed piece of legislation that would likely end up doing more harm than good, if enacted.

New Democrats will review the measures in Bill C-32. We will closely examine a number of key issues contained in the proposed legislation, including (but not limited to) Internet Service Provider (ISP) liability, Technological Protection Measures (TPMs, or so-called “digital locks”), statutory damages, private copying and reproduction for private purposes, broadcast mechanical licensing, and fair dealing.

New Democrats do not support the creation of powerful anti-circumvention rights as contained in the government’s copyright legislation. In fact, we believe they pose a very real danger that Canadian consumers could be prohibited from using content for which they have already paid. We also oppose digital locks because we believe they override not only consumers’ rights, but also creators’ and artists’ rights.

Removing these measures from Bill C-32 would not render the bill non-compliant with World Intellectual Property Organization (WIPO) treaties, as the government has suggested, since WIPO requires that the TPM regime be “adequate and effective” and not necessarily approved by the powerful U.S. entertainment lobby, as Bill C-32 currently is.
In order to arrive at a balance between the interests of rights-holders and those of consumers, New Democrats would develop new copyright legislation. We will begin by consulting widely with stakeholders in the arts, education, technology and business communities, as well as other Canadians who want to contribute to the policy-making process, with the aim of creating legislation that is – unlike Bill C-32 – truly technology-neutral, balanced, and flexible enough to ensure its adaptability to new platforms and technologies in the years to come. We will also seek to determine definitively Canada’s obligations as a signatory to various international treaties governing copyright and intellectual property.

New Democrats support effective and representative collective licensing and we believe that a well-ordered collective approach to licensing can serve both rights-holders and consumers well, and be an efficient way to ensure that creators and rights-holders receive fair compensation for their work – while maintaining Canadian consumers’ ability to access copyrighted material.

With careful consideration of innovative mechanisms to modernize collective licensing – whether through the existing Copyright Board, new legislation, or other instrument – we believe that it can strike a balance between fair access and remuneration in the future.

Ultimately, Jack Layton and the New Democrat team will seek to apply the NDP’s collaborative approach to the process of modernizing copyright legislation in Canada, eschewing the divisive and misleading approach adopted by Stephen Harper and the Conservatives.

5. The extension of the private copying levy to MP3 players was not included in C-32, although it was one of the most discussed issues related to copyright reform at the legislative committee. Would you support addressing this issue as part of any legislation put forward on copyright reform?

Bloc Quebecois – Yes.
Conservative Party – No response received.
Green Party – Yes.
Liberal Party – Offered combined response to all questions.
New Democratic Party – Yes.

Liberal party response:
Digital technology offers many new opportunities, but enjoying content without compensating its creators shouldn’t be among them. A new Liberal government will introduce technology neutral copyright legislation that balances the needs of creators and consumers and reflects the principle that our artists and musicians should be paid for their work. We will stand with Canadian creators as they navigate both the opportunities and challenges of the new digital society.

Bill C-32, the latest Conservative attempt to modernize copyright, was unbalanced and unfair; a Liberal government will work with all stakeholders to ensure creators rights and their sources of revenues are protected under the Copyright act.

During the debate on Bill C-32, it was the Liberal Party that developed a practical solution to provide musicians with compensation through a new private copying compensation fund rather than a levy. A Liberal government will look to develop similarly innovative solutions to ensure that the Copyright Act protects creators’ existing and future rights and revenue streams in a digital age. For example, a Liberal government will be open to allocating a portion of the upcoming wireless spectrum auction proceeds to fund artists and creators.

More broadly, the Liberal Party recognizes that the Canada Council for the Arts is a major force in supporting working musicians. A Liberal government will double the annual budget of the Canada Council for the Arts, from $180 million to $360 million over the next four years. A Liberal government will also restore the PromArt and Trade Routes cultural promotion programs, increasing their funding to $25 million starting in year one of a Liberal government.

These programs play an important role in bringing Canadian culture to the world and promoting the Canadian brand abroad. New annual funding will help to create a domestic tours program as well.

“The policy platforms released by the major parties present music rights holders with stark possibilities: from stable and continued compensation for private copies made of their music, to the elimination of an important part of the livelihood they earn through their art,” said Annie Morin, Chair of the CPCC.

The future of the private copying levy, currently applied to the sale of blank CDs to provide compensation to artists and other rights holders for private copies made of their music, is at risk. As Canadians increasingly turn to newer technology like MP3 players to copy music, the amount of money generated by the levy on blank CDs is rapidly declining.

“As artists and musicians, we feel that it is critically important to our futures that the Copyright Act be updated to address the reality that Canadians are increasingly using new technologies like MP3 players to copy music. We are not disputing that people should be allowed to copy music for their own personal use. But, those copies have value and as artists and music creators we must be compensated for them. It’s an issue of basic fairness and our politicians have to recognize that,” said Juno Award winning jazz artist Sophie Milman.

The position of the major parties on private copying breaks down as follows:

Conservative Party: Opposes extending the private copying levy to MP3 players; promising to re-introduce Bill C-32 (Copyright Modernization Act) which would allow private copying onto devices such as MP3 players but offers no modernization of the private copying levy to new technologies.

Liberal Party: Promises a new Private Copying Compensation Payment of $35 million, to be transferred to music creators each year through the CPCC. The party says its proposed Private Copying Compensation Payment would be written in law within the Copyright Act, and would increase at the rate of inflation and be reviewed every five years.
NDP: Promises “a bill on copyright reform to ensure that Canada complies with its international treaty obligations, while balancing consumers’ and creators’ rights.” No specifics.

Bloc Québécois: Promises to ensure that amendments to the Copyright Act will be fair to creators and consumers, including extending the private copying levy to MP 3 players and other portable digital devices to provide reasonable royalties to artists.

“The CPCC is pleased that the Liberal Party and the Bloc Québécois have recognized that copies of music made for private use have value and that rights holders should receive compensation for those copies. The CPCC also commends the NDP for their commitment to balance consumers’ and creators’ rights. We encourage all music rights holders to look carefully at the positions of the various parties on private copying before casting their ballots on May 2,” said Annie Morin. “Their ability to continue to earn a living from their music may hang in the balance.”

ABOUT THE CPCC:
Established in 1999, the CPCC is an umbrella organization whose member collectives represent songwriters, composers, music publishers, recording artists, musicians and record companies. The CPCC is the non-profit organization responsible for collecting and distributing private copying levies.

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For further information, contact:
Nancy Goldstein, Communications Officer, CPCC/SCPCP
416.486.6832, ext. 221
1-800-892-7235
ngoldstein@cpcc.ca
www.cpcc.ca

]]> http://www.cpcc.ca/en/cpcc-c-32-submission/feed 0 http://www.cpcc.ca/en/december-20-2010-private-copying-tariff-2011-announced http://www.cpcc.ca/en/december-20-2010-private-copying-tariff-2011-announced#comments Mon, 20 Dec 2010 22:06:13 +0000 Alison_79 http://www.cpcc.ca/en/?p=77 (Toronto) – The Copyright Board of Canada has issued the Private Copying Tariff 2011. Under the new tariff, the Canadian Private Copying Collective (CPCC) will continue to collect the private copying levy on blank CD-Rs at the same rate since 2008 (29¢).

2011 Tariff Document

As of January 1, 2011 there will no longer be a levy on  MiniDiscs.

Private copying is the subject of Part VIII of Canada’s Copyright Act, the federal statute that sets down the general legal framework for copyright protection in Canada. Copyright is the legal mechanism by which those who create original works, like music, are able to be paid for that work. As copyright holders, creators have a right to control certain uses of their work, and place conditions – like payment – on use by others. These payments take the form of royalties. To illustrate, performance of a song, a record sale or printing a musical score are all events that would trigger a copyright royalty. But unlike a publishing or record deal, private copying cannot by its very nature be managed and accounted for by contract: private copies are made spontaneously by people in the privacy of their own homes. That’s why private copying receives special treatment in the legislation. Permission does not have to be sought; private copying is simply permitted. But in exchange, the Act sets up a system to collect and distribute royalties to those with rights in the music that is copied. True to general copyright principles, legislators have ensured that creators and others with copyright in recorded music are able to be paid for use of their work.

The CPCC is the non-profit agency that collects the private copying royalty and distributes it to its member collectives, which represent songwriters, composers, music publishers, recording artists, musicians and record companies.

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For more information contact:

Alison Thompson CPCC
tel.:  (416) 486-6832, ex. 221
email: athompson@cpcc.ca

Ottawa – In a pre-Christmas press conference at the Rideau Shopping Centre, Minister of Industry Tony Clement and the Minister of Heritage James Moore continued to play Grinch to Canadian music artists, by denying them fair compensation for copies of their work that are made.
“Rather than discuss balancing the needs of creators and consumers, the Ministers havecontinue to spread misinformation to consumers in a thinly veiled attack on creators,” stated Annie Morin, Chair of the CPCC Board of Directors. “Artists have been very clear with the Ministers about what they wanted out of C-32, the Copyright Modernization Act. Rather than participate in meaningful discussions, the Ministers instead choose to hold a press conference to continue their attack on those who create music. This misrepresentation of facts that has gone on for the last few months is down right insulting.”

At issue is the future of the private copying levy, which is currently collected on the sale of blank CDs (CD-Rs) to compensate artists, songwriters, publishers and record labels for copies of recorded music made by Canadians for personal use. MP3 players have now become the medium of choice for copying music, yet Bill C-32 fails to extend the levy to these devices, denying artists the compensation they deserve for this use of their music.

In addition to letters sent to both Ministers signed by over 500 Canadian artists supporting an extension of the existing private copying levy to MP3 players, Juno Award winning jazz artist Sophie Milman appeared before the legislative committee reviewing Bill C-32, the Copyright Modernization Act on December 6th, urging MPs to heed the pleas of artists to save the private copying levy by amending the legislation.

“Copies made of our works have intrinsic value. The private copying levy is a market-oriented solution that over the past 10 years has worked beautifully, distributing $200 million among Canada’s creators of music,” Milman told the committee.

“Canada’s music community must be supported if we want our country to maintain a worldwide reputation of quality and excellence in the arts,” Milman said. “We are not asking for charity. We are not asking for access to our music to be limited. We only want to be compensated for copies of our music made onto devices specifically designed for this
purpose.”

Milman is one of hundreds of supporters of the Canadian Private Copying Collective’s (CPCC) “Play Fair Now” campaign, in support of modernizing Canada’s copyright law so that artists will continue to receive compensation for private copies made of their music.

Further information can be found at www.playfairnow.ca

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For more information contact:

Alison Thompson
CPCC
tel. (416) 486-6832, ex. 221
email: athompson@cpcc.ca

“The current private copying levy was introduced into law in 1997 by a Liberal government and the CPCC encourages members from all political parties to support this amendment to C-32 which would provide compensation to rights holders for private copies made of their music,” stated Annie Morin, Chair of the CPCC Board of Directors. “Copyright is a difficult issue and it is gratifying to see elected officials working to finding compromises in balancing the needs of the consumers and the rights of the creators.  I am pleased that the concept of fair compensation for artists is finally being addressed in a meaningful way in this proposal”

The CPCC is the non-profit agency that collects the private copying royalty and distributes it to its member collectives, which represent songwriters, composers, music publishers, recording artists, musicians and record companies.

The Liberal’s press release can be found on their web site: www.liberal.ca.

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For more information contact:

Alison Thompson
CPCC
tel. (416) 486-6832, ex. 221
email: athompson@cpcc.ca