Canadian MP Introduces $75(?) iPod Tax

Jared Moya — Thu, 18 Mar 2010 15:39:52 +0000

Charlie Angus proposes amendments to the Copyright Act that "will ensure that artists are getting paid for their work, and that consumers aren’t criminalized for moving their legally-obtained music from one format to another.”

The so-called "iPod tax" is resurfacing in Canada with news that New Democratic Party MP Charlie Angus has introduced a a pair of proposals to amend the country's Copyright Act. One would extend the Private Copying Levy, first established back in 1997, to portable media players like iPods. Specifically, C-499 says the tax will cover any "device that contains a permanently embedded data storage medium, including solid state or hard disk, designed, manufactured and advertised for the purpose of copying sound recordings, excluding any prescribed kind of recording device." This would finally give consumers some much needed control over legally purchased products while simultaneously opening up a new revenue stream for artists in the downloading age. “Artists have a right to get paid and consumers have a right to access works," he says in a press release. "This is what balanced copyright is all about. The government has declared their intention to update the Copyright Act. If they are serious then we need to update key elements of the act like the copying levy and fair dealing.” The other is a "fair dealing" motion (M-506) that would allow reasonable use of copyrighted materials for innovation, research and study. It states:

29. Fair dealing of a copyrighted work for purposes such as research, private study, criticism, news reporting or review, is not an infringement of copyright.

Angus said that after years of talk, it’s time parliamentarians got serious about updating our copyright laws. “Digital locks and suing fans are not going to prevent people from copying music from one format to another,” he said. “The levy is a solution that works. By updating it, we will ensure that artists are getting paid for their work, and that consumers aren’t criminalized for moving their legally-obtained music from one format to another.” However, the renowned Canadian academic and law professor Michael Geist, though "supportive" of the fair dealing proposal, finds the iPod tax troubling. Why? Because the device definition is vague enough that it could also cover smartphones and PCs. "While the CPCC (the private copying collective) may not target all of these devices, there is nothing in the bill that prevents them from doing so," he says. Geist also worries that since video recordings are not included it could mean the introduction of a new tax at a later date, pushing it perhaps to upwards of $100 or more. Most important of all, though a noble experiment it is, the iPod tax would only cause consumers to purchase iPods and other devices covered by the tax outside of Canada where it didn't apply. As for how much it would be one can only guess, but the last time around was in the $75 range. The Canada’s Private Copyright Collective (CPCC) has been pushing for a similar levy as far back as 2007, but those efforts were defeated early last year by the country's Federal Court of Appeals. Stay tuned. jared@zeropaid.com [Hat Tip]

Canadian MP – Debate WIPO Before Copyright Ratification

Jorge Gonzalez — Wed, 30 Jan 2008 21:30:33 +0000

A member of the New Democratic Party of Canada is essentially calling on the government to stay true to its own election platform. Charlie Angus is calling for debate before new Copyright legislation is tabled

One of the talking points by Maxime Bernier, the minister of Canadian Industry who took the reigns of the copyright bill, is that there’ll be room for debate on the copyright bill after it is tabled. Late last year, a group from a nearly 40,000 member strong Facebook group ‘Fair Copyright for Canada’ questioned the minister about Copyright issues. A video of the encounter was posted on YouTube shortly after:

It has been since a concern that there’ll be no debate on copyright until a bill is tabled. People and experts, including Law Professor Michael Geist worried that the bill would be tabled in such a manner so as to be not very changeable after it is tabled. An interesting deviation from their party platform published in 2006. On page 44:

-Place international treaties before Parliament for ratification.

It is likely something spotted by this particular opposition Member of Parliament. In a press release issued last night, the MP called for the governing party to put the treaty before parliament for debate before ratification. Debating the matter more before any bill is tabled might not be an idea supported by major pro-copyright lobbies considering in an interview last week, one asked why there would need to be any further consultation and demanded that ‘now is the time to act’ on the matter.

“Rubber-stamping WIPO won’t make Canada more competitive or respectful of intellectual property. WIPO was negotiated when the fax machine was considered cutting-edge technology. We need copyright legislation that will work for the 21st century. Instead we have a government that appears stuck in the 20th century.” Angus said. He further adds, “We need to spend less time worrying about the sword clanging of lobbyists and more time looking for a 21st century solution to the 21st century issues of digital innovation and culture. This government has made a commitment to debating treaties. Clearly Mr. Prentice is bound to bring this treaty to the House for a fair and open debate.”

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Canadian MP Introduces $75(?) iPod Tax

Charlie Angus proposes amendments to the Copyright Act that "will ensure that artists are getting paid for their work, and that consumers aren’t criminalized for moving their legally-obtained music from one format to another.”

Canadian MP – Debate WIPO Before Copyright Ratification