CPCC files same tariffs on private copying as approved by board in 2004

The body responsible for collecting tariffs on blank media says it didn’t have enough time to propose new rates for 2005, and has submitted exactly the same proposed levels as were decided in December by the Copyright Board of Canada. On March 5, the Canadian Private Copying Collective (CPCC) submitted its proposal to the board, unchanged in any respect from the rates that are now being appealed to the Federal Court of Appeal on constitutional and other grounds (CNM, Jan. 26/04). CPCC spokesperson Paul Audley says timeframes were too tight to propose a modified schedule of fees, even though the collective believes higher rates would be justified. The choice was made, "simply because the decision didn’t come until December - mid-December - and to actually get a hearing and get a decision by the end of 2004, CPCC would really have had to file in Novemeber." Audley says the current legal challenges, launched by CPCC itself and representatives of retailers and device manufacturers in Canada, weren’t a reason for the unmodified proposal, nor were potential public relations optics. "That’s an issue that really didn’t arise, just because it was impossible to get organized. I guess the other thing that presumably is a factor is that there are significant costs involved in taking a tariff to the board. To have a tariff approved and then have it only apply for one year really doesn’t make financial sense in terms of people’s obligations to the rightsholders. They want to make sure they’re passing on the same high percentage of the revenue that they’ve been able to pass on in the past." Still, CPCC remains convinced that even last year’s 2003-04 tariffs should have been higher. "There’s certainly no doubt that the CPCC thinks that they should have gone up in this proceeding…There’s certainly disappointment that that didn’t happen. But, still, people have to look at why it is that the board chose not to accept the case that was made, and figure out exactly what would have to be put in front of the board to pursuade it. So, there’s a lot of detailed work to figure out, a, is it worth making the argument again? and, b, how would the argument need to be strengthened to have a hope of success?" Canadian NEW MEDIA has not heard of any party objecting yet to the tariff proposed for 2005. A lengthy board process seems unlikely since the prelude to the 2003-04 tariff now under the gun presumably put most of the relevant evidence on the table. Audley guesses that objections are unlikely to materialize. "I guess to the extent that it’s the same tariff that was approved, people would have to say something that they didn’t say last time, and that they think the board would be attentive to now, but wasn’t in (last December’s) decision. My guess is that there probably won’t be objections, but you never can tell."

CPCC files same tariffs on private copying as approved by board in 2004

Broadcast | March 17, 2004

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us