Federal Ct. Affirms Private Copying; Drops iPod Levy

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.

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