Post Tagged with: "private copying"

A Digital Economy Blueprint For the New Industry Minister

Jim Prentice, Canada's new Industry Minister, has been on the job for less than a week, yet his appointment has already sent a buzz through the business community.  With a member of Prime Minister Stephen Harper's inner circle now at the helm, promoting Canada's global economic competitiveness promises to become a core priority on the government's fall agenda. While some political commentators maintain that the issue rarely translates into voter support, my weekly Law Bytes column (Ottawa Citizen version, homepage version) argues that the good news for Prentice is that reforms focusing on digital issues represent both good policy and smart politics.  By prioritizing three issues – communication, copyright, and consumer confidence – he has the opportunity to establish a forward-looking framework that can serve as a model for other countries and provide a payoff at the ballot box.

On the communication front, analysts are divided on whether recent deregulation will result in reduced prices for consumers; however, there is near-universal agreement that deregulation alone is not enough. 

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August 21, 2007 Comments are Disabled Neutrality

A Digital Economy Blueprint For the New Industry Minister

Appeared on August 20, 2007 in the Toronto Star as A Blueprint For Reforming the Digital Economy Appeared on August 21, 2007 in the Ottawa Citizen as Digital Policy Issues a Good Icebreaker for New Industry Minister Appeared on August 21, 2007 in the Tyee as Canada's Path to Digital […]

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August 20, 2007 Comments are Disabled Columns Archive

Slyck Interviews the CPCC

Slyck features an interview with David Basskin of the CPCC.  The interview includes the inevitable question about the applicability of downloading songs on P2P networks, which Basskin responds to by instead focusing on uploading on P2P networks.

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August 19, 2007 3 comments News

CPCC Responds to Private Copying Column

CPCC's David Basskin responds this week's private copying column in a Toronto Star letter to the editor.  Basskin points to a CPCC-commissioned public opinion survey that found public support for the levy.

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August 10, 2007 2 comments News

Ipod Levy May Yet Face The Music

My weekly Law Bytes column (Toronto Star version, Ottawa Citizen version, homepage version) focuses on last month's Copyright Board decision that re-opens the door to placing a levy of up to $75 on iPods as part of the private copying levy.  I note that the case may create a sense of déjà vu, since it marks the second time that the Canadian Private Copying Collective, the collective that has pocketed more than $150 million from the levy since 2000, has sought to include iPods within the levy system.  It first introduced an iPod levy in 2003, only to have the Federal Court of Appeal strike it down as the court declared that "it is for Parliament to decide whether digital audio recorders such as MP3 players are to be brought within the class of items that can be levied. . .as [the law] now reads, there is no authority for certifying a levy on such devices or the memory embedded therein."

Notwithstanding the Court's unambiguous language, the CPCC reintroduced the iPod levy earlier this year, arguing that the MP3 player comments were "obiter"(a legal reference to a passing remark that does not form a necessary part of the court's decision). Canadian retailers and storage media companies unsurprisingly challenged that interpretation, leading to last month's ruling that sided with the CPCC. The Copyright Board did not mince words, suggesting that the levy could also be applied to cellphones and personal computers, and warning that excluding the iPod from the levy system would "instantly makes the conduct of millions of Canadians illegal, and even possibly criminal."

The decision will presumably be appealed, virtually guaranteeing years of litigation that promises to divert millions of dollars earmarked for artists to lawyers instead. While the legal challenges are important, the political repercussions carry greater significance since they may lead to dramatic changes to both the levy and the Copyright Board.

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August 6, 2007 4 comments Columns