The Canadian Federal Court of Appeal has released its decision (2.5 MB file) in case challenging Canada's private copying system. Professor Geist comments in the Globe and Mail and Toronto Star on the court's ruling which held that the levy is not a tax and is therefore constitutional. It also upheld the Copyright Board's decision to declare the Canadian Private Copying Collective's zero rating system illegal. However, the court struck down the application of a levy to digital audio recorders such as the Apple iPod, ruling that the levy was improperly applied to a device rather than a medium. An appeal to the Supreme Court is likely.
Federal Ct. Affirms Private Copying; Drops iPod Levy
December 17, 2004
Share this post

Law Bytes
Episode 280: A Fall Update on Where Things Stand on Canadian Digital Policy Reforms
byMichael Geist

October 26, 2026
Michael Geist
October 19, 2026
Michael Geist
August 10, 2026
Michael Geist
Search Results placeholder
Michael Geist on Substack
Recent Posts
Ofcom Did the Work Canada Plans to Skip: What the UK’s Age Verification Report Reveals About the Bill C-34 Social Media Ban
The Age Verification Bill That Won’t Die: How Bill S-209 Complicates the Government’s Bill C-34 Online Safety Plan
The Law Bytes Podcast, Episode 280: A Fall Update on Where Things Stand on Canadian Digital Policy Reforms
The Wrong Ban: The Heritage Committee Backed a Targeted Ad Ban for Kids and Stopped Short of a Social Media Ban, Yet the Government Chose the Reverse
Regulator First, Rules Later: Bill C-34 Debate Shows the Government Wants a Digital Safety Commission Before It Figures Out What It Will Do
