(Toronto) – The Federal Court of Canada has ruled against Amico Imaging Services Inc, a company that has not paid the private copying levy on CDs they imported and distributed. In a decision dated 26 March, the court turned down a bid by Amico to reverse an earlier decision that allowed representatives of the Canadian Private Copying Collective (CPCC) to seize business records from Amico and Computer Direct Depot showing that they had knowingly not collected and paid the levy.

The Court ordered Amico to pay CPCC’s legal costs immediately and on the highest scale provided in the tariff of the Federal Court. CPCC estimates that Amico and Computer Direct Depot imported and distributed over 7 million CDs in the period stretching from 2000 to 2003 resulting in over a million dollars owing in levies. CPCC is continuing with legal action against these companies for the payment of the levies.

“This is a win for Canadian music rights holders,” commented Michelle Roy McSpurren, Senior Collection and Enforcement Officer, CPCC. “It shows that companies cannot evade the law and get away with it.”

Canada’s Copyright Act was revised in 1997 to allow consumers to copy recorded music onto audio recording media (as defined in the Act), for their own personal use. In exchange, legislators provided for a royalty to provide remuneration for private copying to those with rights in recorded music.

Similar royalties are collected in over 40 countries around the world. The payment songwriters, artists, music publishers and record companies receive helps to ensure that there is still an incentive for them to both create and make recordings of music.

The Canadian Private Copying Collective (CPCC) is a non-profit agency charged with collecting and distributing private copying royalties. Established in 1999, CPCC is a collective of collectives that represent music authors, music publishers, recording artists and record companies.

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For more information contact: Catherine Allman or Julie Wright
hawkestone communications – public affairs
tel. (416) 485-4606
email: [email protected]