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Tuesday, February 12, 2008
No Appeal of Digital Audio Recorder Ruling


The Canadian Private Copying Collective (CPCC), the organisation that proposed a private copying levy on digital audio recorders such as iPods, will not seek leave to appeal the recent Federal Court of Appeal (FCA) decision to the Supreme Court of Canada.

Today's announcement follows the January 10th 2008 decision of the Federal Court of Appeal that overturned the decision of the Copyright Board of Canada to hear evidence for a private copying levy on digital audio recorders for the years 2008 and 2009.

The Canadian Private Copying Collective (CPCC), the organization that proposed the levies, had expressed disappointment with the appeal court?s decision.

While the CPCC believes that rights holders in recorded music should receive remuneration for private copying, given the FCA's ruling stating that it had settled the legal question in 2005, combined with the Supreme Court's refusal to hear an appeal of the 2005 decision, the CPCC has decided not to file an application for leave to appeal to the Supreme Court.

"This is a great loss for rights holders," stated Annie Morin, Chair of the CPCC. "No one disputes that a large percentage of Canadians make copies of recorded music onto their digital audio recorders. The private copying levy is the only compensation available to rights holders for the hundreds of millions of tracks that are copied without authorization onto digital audio recorders each year by Canadians."

The CPCC is the non-profit organisation charged with collecting and distributing private copying royalties.


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