Private copying levy upheld.

The Canadian Supreme Court today (July 28) dismissed applications from the Canadian Private Copying Collective (CPCC) to hear an appeal of the December decision of the Federal Court of Appeal involving its private copying levy and the application to MP3 players.

The Federal Court of Appeal had ruled that the Canadian Copyright Board lacked the authority to impose a levy on the embedded memory in digital audio recorders. The Retail Council of Canada, and the Canadian Coalition for Fair Digital Access had filed requests for leave to appeal the part of the decision, which confirmed the constitutionality of the private copying levy, and the right of the CPCC to operate its zero-rating program which administers levies for retail.

This ruling means that the Federal Court of Appeal decision stands, which affirms the legality of the private copying levy, but drops its application to MP3 players such as the Apple iPods. It also states that the Canadian Private Copying Collective has the right to continue to operate its zero-rating program.

The CPCC is a non-profit agency charged with collecting and distributing private copying royalties in Canada; the Retail Council of Canada; and the Canadian Coalition for Fair Digital Access.

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