(Toronto) – Canada’s Industry Minister tabled new copyright legislation today that, if passed into law, would permit individuals, without the authorization of copyright owners, to make copies of recorded music they own onto iPods, other MP3 players and media such as blank DVDs or electronic memory cards. The proposed changes to the Copyright Act effectively rob creators of their rights, denying them compensation for this use of their work. While everyone else in the value chain, from the maker of the MP3 player to the retailer, would be compensated for their contribution to the private copying of music, the people who provide the content would receive nothing.

Because most copies of recorded music made on to digital audio recorders, like iPods, are not made from legally owned prerecorded CD’s or authorized downloads, the proposed legislation fails to effectively address the concern that at present individuals copying music onto their iPods and MP3 players are breaking the law. In fact, the copies that would be covered by the proposed exemption covers about one quarter of all copies found on digital audio recorders. By legalizing only a fraction of the copies individuals make, the amendments do not address the widespread copying behavior of Canadians.

The government has chosen to introduce this legislation without talking to the very people that would be most directly affected by this change. Music creators and rights holders believe that an open consultation process is required to discuss the alternative approaches of either applying a private use of music exception to iPods and MP3 players or extending Canada’s existing private copying regime to copying onto iPods and MP3 players. The latter approach would have the advantage of legalizing all music copying onto iPods and MP3 players, while providing for remuneration to music creators.

The CPCC notes that the government’s damaging change that would negatively affect music creators has nothing to do with implementing the treaties of the World Intellectual Property Organization (WIPO). The CPCC has always expressed support in principle for implementing the treaties although it will not comment on the specific measures the government has proposed.

The CPCC is the non-profit agency charged with collecting and distributing private copying royalties.  Established in 1999, the CPCC is a collective of collectives that represent songwriters, composers, music publishers, recording artists, musicians and record companies.

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Contact:
Alison Thompson
CPCC
tel. (416) 486-6832, ex. 221
email: [email protected]