Michael Geist sez, "The Canadian Supreme Court today declined to hear a case involving the private copying levy and its application to the Apple iPod. While some are celebrating, the decision effectively renders copying CDs onto an iPod unlawful in Canada. I've posted an additional perspective that challenges the recording industry's decision to welcome the decision. I argue that it signifies an escalation of its war against its own artists."
But opposing the artists on private copying takes this strategy to new heights. CRIA today claimed that artists will make up private copying levy losses through the marketplace. The truth is that artists and rights holders lost $4 million today, the amount collected from the iPod and digital audio recorders during a fairly brief period. Longer term, they lost tens of millions of dollars of potential compensation. These are not the nickels and dimes that CRIA derides. If anything, for Canadian artists the levy represents a potentially important revenue stream that will not be easily recouped.
Today's decision also likely means the end of a private copying levy that CRIA spent 15 years fighting to get. The system is clearly broken and policy makers will either drop it completely (perhaps supplemented by a fair use doctrine that will permit copying such as store bought CDs to personal iPods) or expand the levy so that it resembles a European approach that extends to both audio and video, while providing even greater compensation.
(Thanks, Michael!)
