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Re: [dvd-discuss] Slashdot article - Canadian Tariffs
At 4:48 PM -0500 3/12/02, Peter D. Junger wrote:
>If this is really a tariff, then it only applies to storage media
>imported into Canada from elsewhere. Sort of like Bush's tariff
>on steel manufactured outside the United States.
>If it is a tariff one would expect that it will be attacked by
>all the free marketers and challenged as a blatant treaty
>But is it really a tariff?
It's a tariff in the sense of the second definition of the word in my
dictionary "Any schedule of rates and fees." In other words, it's a
tax and it applies regardless of where the media was made. Quoth the
"Pursuant to Part VIII of the Copyright Act, every person
who, for the purpose of trade, manufactures a blank audio re-
cording medium in Canada or imports such a medium into Can-
ada is liable to pay a levy on selling or otherwise disposing of that
medium in Canada, unless the medium is destined for export or
unless it is sold to a society, association or corporation that repre-
sents persons with a perceptual disability. This tariff sets the levy
as well as the related terms and conditions. "
There is also this interesting notice:
Limitations on the Powers of the Board
Anyone contemplating objecting to CPCCís proposed state-
ment must realize that the Copyright Act sets out a number of
limits on what the Board may or may not do. No purpose is
served by objecting to the proposed statement based on grounds
about which the Board can do nothing. In the following para-
graphs, we summarize some of the limits imposed on the Boardís
powers in this matter:
(1) The Board must certify a tariff and set a levy. Those who
own the rights to sound recordings of musical works (compos-
ers, authors, performers and producers) are entitled to be remu-
nerated for private copies. No purpose is served by asking the
Board to reject the tariff as a whole.
(2) Only persons who own rights in sound recordings of musi-
cal works are entitled to share in the remuneration; owners of
rights in other works (computer programs, movies, literary
works) are not.
(3) The remuneration must be paid by manufacturers and im-
porters of blank audio recording media, in the form of a levy to
be imposed on those media. The obligation to pay arises when
the media are sold or otherwise disposed of in Canada by the
manufacturer or importer. The Board cannot set the levy at the
(4) The levy is payable on all media that qualify, without re-
gard to end use. No purpose is served by asking that the tariff
include a mechanism that would allow those who can prove
that they use qualifying media for purposes other than repro-
ducing musical works to be exempted from payment or to re-
ceive a refund.
(5) The Copyright Act exempts from the levy recording media
that are sold to a society, association or corporation that repre-
sents persons with perceptual disabilities. The Copyright Board
cannot grant any other exemption.