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News
Supreme Court of Canada Refuses iPod Levy Appeal
Wednesday, July 27th, 2005 at 3:00 PM - by Bryan Chaffin
Chances of a levy on iPods and other digital media devices returning in Canada have been more or less permanently squashed, according to a Canada.com report. The Supreme Court of Canada announced Thursday that it would not hear an appeal of a December 2004 decision by the Federal Court of Appeal of Canada that the Copyright Board of Canada had no jurisdiction to impose a levy on digital media devices.
At issue was a levy imposed by the Copyright Board on every iPod and other digital media devices. The levy ranged from CN$2 for one-gigabyte devices, and up to $25 for devices with 10 GB or more in storage. The levy was intended as compensation for artists whose music the Copyright Board felt was being pirated on the devices, and is similar in nature to levies it imposes on CD, cassette and DVD media.
On December 17th, 2004, the Federal Court of Appeal of Canada ruled that the Board had no jurisdiction to impose the levies on digital media devices, and companies like Apple immediately rolled back prices to reflect the lack of the levy.
The Canadian Private Copying Collective (CPCC), a non-profit agency that actually managed the fees generated by the levies, asked the Supreme Court to overturn the Federal Court ruling. Today's refusal means that it is highly unlikely for a levy to be imposed under current law.
Among the groups opposing the levy was an industry trade group called the Canadian Coalition for Fair Digital Access, whose membership includes Apple Canada, Dell Canada, Intel Canada, HP Canada, and other big corporate powers. According to a report by Canada.com, the group also opposes the levy imposed on CD and other media.
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