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| Under Canada's Copyright
Act, it is legal for individuals to copy recorded music
for their own personal use. In exchange, there is a mechanism
to compensate those with rights in that music: royalties for
private copying. The royalties attach to the types of blank
media that are commonly used for copying. But because technologies
come and go and the value of copying can change over time, the
legislation does not create a static catalogue of specific types
of media on which there should be a royalty or fix royalty amounts
for all time. Instead, it sets up a framework that allows for
periodic review. The Act establishes legal principles and tight
procedural safeguards, but gives responsibility for determining
the types of media that should qualify for a private copying
royalty and its amount to Canada's Copyright
Board. The Copyright Board is an economic regulatory body
that specializes in copyright matters. The Board's decisions
are referred to as private copying
tariffs . |
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| Royalty collection and distribution are other important matters
addressed in Part VIII of the Copyright
Act. Both activities are the responsibility of copyright
holders directly rather than government or any public body.
This is because private copying royalties are not monies collected
for public purposes but income for individual copyright holders.
And for practical reasons, the Act stipulates that both collection
and royalty distribution be handled centrally. This is one of
the issues the Copyright Board is required to address when it
decides any private copying tariff. The Board is required to
designate a body with the responsibility, and necessary legal
authority, to collect and distribute private copying royalties.
In all of its decisions to date, the Copyright Board has assigned
this role to the Canadian Private Copying
Collective or CPCC. |
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| Private copying royalties are collected and paid to CPCC
by the manufacturers and importers of blank media. This topic,
including the further obligations of a manufacturer
or importer, is addressed in detail in a separate section
of this site. Please see the menu. |
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