Editing Private copying levy (section)

===Canada===

A blank media levy was introduced in [[Canada]] in 1997, by the addition of Part VIII, "Private Copying", to the [[Copyright law in Canada|Canadian Copyright Act]]. The power to set rates and to set the distribution allocation is vested in the [[Copyright Board of Canada]]. The Copyright Board has handed the task of collecting and distributing the funds to the [[Canadian Private Copying Collective]], which is a non-profit private organization.

In Canada:

* The levy applies to "blank audio recording media", such as [[CD-R]]s.
* The levy is paid by importers and manufacturers of such media sold within Canada (and typically passed on to the retailer, and passed on to the purchaser).
* With the exception of the zero-rating exemption, the levy is collected regardless of the purchaser's end use of the media.
* The private copying levy, less CPCC operating costs, is distributed as per the Copyright Board's allocation as: 58.2% to eligible authors and publishers, 23.8% to eligible performers and 18.0% to eligible record companies.<ref>{{cite web
 | url = http://www.cb-cda.gc.ca/tariffs-tarifs/certified-homologues/2016/SUP-2016-12-17.pdf
 | title = Tariff of Levies to Be Collected by CPCC in 2017 on the Sale, in Canada, of Blank Audio Recording Media
 | date = 2016-12-17
 | website = [[Canadian Private Copying Collective]]
 | access-date = 2017-03-05
 | quote = CPCC shall distribute the amounts it collects, less its operating costs, as follows: (a) 58.2 per cent, to be shared between the Society of Composers, Authors and Music Publishers of Canada (SOCAN), the Canadian Musical Reproduction Rights Agency (CMRRA) and the Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC), on account of eligible authors; (b) 23.8 per cent to Re:Sound Music Licensing Company on account of eligible performers; and (c) 18.0 per cent to Re:Sound Music Licensing Company on account of eligible makers.
 | archive-date = 11 April 2020
 | archive-url = https://web.archive.org/web/20200411025518/https://cb-cda.gc.ca/tariffs-tarifs/certified-homologues/2016/SUP-2016-12-17.pdf
 | url-status = dead
 }}</ref>
* The Canadian Private Copying Collective has developed a method by which the proceeds are distributed to rights holders based on commercial radio airplay and commercial sales samples, ignoring radio/college airplay and independent record sales not logged by Soundscan. This method has been criticised as favouring major-label artists at the expense of the [[long-tail]]. As of September 7, 2007 over one hundred million dollars has been distributed.
* In conjunction with the levy, the Copyright Act allows individuals to make copies of sound recordings for their own private, non-commercial use. They may not distribute the copy.
* In 2005, the Federal Court of Appeal overruled a 2003 Copyright Board decision which had applied the blank media levy to [[MP3]] players such as [[Apple Inc.]]'s [[iPod]], on the basis that such devices did not qualify as "audio recording medium" as per the Copyright Act definition.<ref>''Canadian Private Copying Collective v. Canadian Storage Media Alliance'' [2005] 2 F.C.R. 654</ref>  Before this, the proposed rates were [[Canadian dollar|C$]]2 for players with less than 1 [[gigabyte|GB]] of capacity, $15 for players up to 15 GB, and $25 for players 15 GB and over.
*On February 12, 2007, CPCC asked the Copyright Board of Canada to reintroduce the levy of $5 to $75, this time onto the memory component of the digital audio recorders (such as MP3 players) in Canada.[https://www.engadget.com/2007/02/12/mp3-player-levy-could-be-reinstated-in-canada/] In addition, CPCC also proposed levies of $2 to $10 for memory cards (since withdrawn), 8 cent increases to CD, CD-R Audio, CD-RW Audio and MiniDiscs.[https://web.archive.org/web/20070222032623/http://www.canada.com/saskatoonstarphoenix/story.html?id=cccd9ce1-5279-4145-9874-a179b5be067f&k=26495]  Certain parties objected to this tariff based on the 2005 Federal Court of Appeal precedent and brought a preliminary motion before the Copyright Board that would have prevented that part of the tariff application from being considered. The Copyright Board dismissed this preliminary motion in July 2007.
*In September 2007, an application for judicial review was brought before the [[Federal Court of Appeal]] to appeal the Copyright Board's dismissal. On October 26, 2007, the court granted the Canadian Recording Industry Association's request to intervene in the private copying/iPod levy judicial review.[http://www.michaelgeist.ca/content/view/2334/125/] Some argue that CRIA wanted to limit the scope of the private copying levy, given that it legalizes copying for the private use of the person making the copy, possibly regardless of whether the source is non-infringing or not.[http://www.michaelgeist.ca/content/view/2238/125/]
*In January 2008, the [[Federal Court of Appeal]] overturned the Copyright Board's July 2007 decision, stating that its previous ruling in the 2005 ''Canadian Private Copying Collective v. Canadian Storage Media Alliance'' case is dispositive authority for the proposition that "the Copyright Board has no legal authority to certify a tariff on digital audio recorders or on the memory permanently embedded in digital audio recorders."[https://www.cbc.ca/news/appeal-court-rejects-ipod-levy-1.759056]<ref>''Apple Canada Inc. v. Canadian Private Copying Collective'' [2008] F.C.J. No. 5.</ref>

Canada's current private copying levies are as follows: $0.29 per unit for CD-R, CD-RW, CD-R Audio, CD-RW Audio disks.<ref>{{cite web
 | url = http://www.cb-cda.gc.ca/tariffs-tarifs/certified-homologues/2016/SUP-2016-12-17.pdf
 | title = Tariff of Levies to Be Collected by CPCC in 2017 on the Sale, in Canada, of Blank Audio Recording Media
 | date = 2016-12-17
 | website = [[Canadian Private Copying Collective]]
 | access-date = 2017-03-05
 | quote = the levy rate shall be 29¢ for each CD-R, CD-RW, CD-R Audio or CD-RW Audio.
 | archive-date = 11 April 2020
 | archive-url = https://web.archive.org/web/20200411025518/https://cb-cda.gc.ca/tariffs-tarifs/certified-homologues/2016/SUP-2016-12-17.pdf
 | url-status = dead
 }}</ref> The [[Pirate Party of Canada]], or the PPCA, has called for the scrapping the levy, as there are plenty of non-piracy related uses for CDs and it is unjust to punish Canadians who don't use them for these purposes.<ref>{{cite web
 | url = https://pirateparty.ca/2013/04/20/end-the-copyright-levy
 | title = End the Copyright Levy
 | date = 2013-04-20
 | website = [[Pirate Party of Canada]]
 | access-date = 2017-03-05
 | quote = We will seek to abolish the copyright levy.
}}</ref>