Canadian Copyright Board Refuses to Enforce Private Copying Tariff

In May 2003, the Canadian Private Copying Collective (CPCC) applied to the Copyright Board of Canada for an order in aid of the enforcement of the Private Copying Tariff and the interim tariff of levies collected by the CPCC for the sale of blank audio recording media in Canada. Specifically, the CPCC asked for an order against certain importers believed not to be in compliance with the Private Copying Tariff. Traditionally, the Copyright Board's core function had been the certification of tariffs, such as the Private Copying Tariff, and it was the courts that had been relied upon for the enforcement of the tariffs. In its application, the CPCC argued that a court was neither an effective nor efficient forum to enforce the tariff and that the Copyright Board had the power to issue orders forcing compliance with the reporting, audit and payment obligations set out in a certified tariff, and to hold a person in contempt if they refused to do so. On January 19, 2004, the Copyright Board released its decision on the issue. After a thorough consideration of the Copyright Act which sets out the powers of the Board, the Copyright Board held that it lacked the powers to issue orders to enforce tariffs and to sanction non-compliance through contempt proceedings. For a copy of the decision, see: http://cb-cda.gc.ca/decisions/c19012004-b.pdf. Summary by: Sue Diaz