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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
>violation.
>
>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 
proposal:

"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
retail level.

(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.


Arnold Reinhold