| On Thursday, June 22, 2006 the Spanish Congress voted to implement a tax on all blank media, including flash memory sticks, blank cd and dvd-rs, even mobile phones and printers. There is no word on how much this new tax will be, only that the revenues will be collected by the government, and will then be given to the "copyright holder." Is this an example of what is to come in the United States or other parts of Europe? People have long discussed this concept, known as "compulsory licensing." Meaning that basically the government assumes people are going to be putting copyrighted material on this blank media, Other ideas in the same vein include licensing fees imposed on DSL or cable customers, again assuming they are going to be making unauthorized copies of copyrighted material. This takes fair use and completely throws it out the window. God forbid you have taken some home videos and copied them to a blank cd or memory chip. You will be paying into some kind of fund administered by some kind of beaurocrat and overseen by some RIAA/MPAA type trade organization.  Please prevent this from happening in your country. Here are some links to a spanish blog covering the report: http://www.typicallyspanish.com/news/publish/article_5010.shtml http://www.typicallyspanish.com/news/publish/article_5000.shtml |
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17 USC 1008 bars copyright infringement action and 17 USC 1003 provides for a royalty of 3% of the initial transfer price. The royalty rate in Section 1004 was established by the Fairness in Music Licensing Act of 1998. This only applies to CDs which are labeled and sold for music use; they do not apply to blank computer CDs, even though they can be (and often are) used to record or "burn" music from the computer to CD. A similar royalty applies to stand-alone CD recorders, but not to CD burners used with computers. These royalties are probably why stand-alone CD recorders never achieved the same popularity as computer CD burners in the U.S.
Thanks to a precedent established in a 1998 lawsuit involving the Rio PMP300 player, MP3 players are deemed "computer peripherals" and are not subject to a royalty of this type in the U.S.