September 3, 2013 – COPYRIGHT BOARD ISSUES A DECISION ON THE 2012, 2013 and 2014 TARIFFS
(Toronto) – The Copyright Board of Canada has issued a decision on the private copying tariffs for 2012, 2013 and 2014. The Canadian Private Copying Collective (CPCC) is pleased that the decision maintains the private copying levy on blank CD-Rs at the current rate of $.29.
The Copyright Board also stated in its decision that, in the first phase of the hearing process held in October 2012, the CPCC presented evidence that demonstrated that a private copying levy on microSD memory cards should be considered at a full hearing. In its decision the Board stated that based solely on the CPCC’s evidence they would conclude that microSD memory cards are an audio recording medium and that rights holders are entitled to compensation for copies of music made onto this medium. Nonetheless, the Copyright Board concluded that as a result of the circumstances arising from a regulation issued by the federal government in November 2012, it would not be possible to set a tariff on microSD memory cards that would be fair and equitable.
The CPCC is very disappointed by the decision of the Copyright Board not to proceed with a hearing to determine whether a private copying levy should be set on microSD memory cards. The decision is particularly disappointing since the regulation, which entered into force on October 18, 2012, has no retroactive application. While a tariff on microSD memory cards could have applied only to the period from January 1, 2012 to October 17, 2012, the CPCC believes that music creators had a right to receive private copying royalties for that period and that the resulting royalties could have provided significant remuneration to creators of recorded music.
Lyette Bouchard, chair of the CPCC stated, “The purpose of the private copying legislation is to provide music rights holders compensation for private copies made of their music. This is accomplished by applying a levy to the blank media used to make copies. The CPCC has provided evidence that microSD memory cards are widely-used to copy music. By proceeding with the regulation after the CPCC had already filed its case, and without consulting rights holders, the government has denied music rights holders the compensation that they are entitled to under the Copyright Act.”
The Copyright Board’s decision 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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