iPod Levy Overturned

In early 2007, the Canada Private Copying Collective proposed a tariff of levies to be collected on digital audio players such as iPods and other mp3 players sold in Canada. Although many objections were filed against the proposed tariff, the Copyright Board decided in favour of the levies which could add as much as $75 to the cost of a device. The decision was appealed to the Federal Court of Appeal. On review, the Federal Court of Appeal determined that, following the Court's earlier decision in Canadian Private Copying Collective v Canadian Storage Media Alliance [2005] FCR 654 (FCA), given the definition in the legislation of "audio recording medium", the Copyright Board had no statutory authority to certify the levy. It is not known whether the government will address issues such as these within revisions to Canadian copyright legislation. For a copy of the Copyright Board decision, visit: http://www.cb-cda.gc.ca/decisions/c19072007-b.pdf For a copy of the decision of the Federal Court of Appeal [Apple Canada Inc et al v Canadian Private Copying Collective and Retail Council of Canada (2008 FCA 9)], visit: http://decisions.fca-caf.gc.ca/en/2008/2008fca9/2008fca9.html Summary by: Sue Diaz