Canada's Private Copying Levy - Does it Comply With Canada's International Treaty Obligations?

U of Melbourne Legal Studies Research Paper No. 222

Intellectual Property Journal, Vol. 20, No. 1, pp. 111-134, 2006

25 Pages Posted: 17 Apr 2007  

Andrew F. Christie

Melbourne Law School

John Davidson

Independent

Fiona Rotstein

Melbourne Law School

Abstract

The Canadian private copying scheme imposes a statutory levy on blank audio recording media, to compensate composers, performers and producers of sound recordings for the private copying of their subject matter that is permitted under the scheme. While both Canadian and foreign composers are entitled to receive payment under the levy, only Canadian performers and sound recording makers, and performers and makers from a country that provides reciprocal rights to Canadians, are entitled to receive remuneration from the levy. This article examines whether the operation of the private copying levy in relation to foreign performers and sound recording makers is consistent with the requirement of 'national treatment' pursuant to Canada's international copyright obligations, current and future. The article concludes that a very strong argument can be made that the private copying levy regime is not in compliance with Canada's national treatment obligations as they currently exist under the Rome Convention and the TRIPS Agreement, and as they will exist in the future once Canada ratifies the WIPO Performances and Phonograms Treaty.

Keywords: Canada, private copying, levy, international treaty

JEL Classification: K11, K33

Suggested Citation

Christie, Andrew F. and Davidson, John and Rotstein, Fiona, Canada's Private Copying Levy - Does it Comply With Canada's International Treaty Obligations?. U of Melbourne Legal Studies Research Paper No. 222; Intellectual Property Journal, Vol. 20, No. 1, pp. 111-134, 2006. Available at SSRN: https://ssrn.com/abstract=980845

Andrew F. Christie (Contact Author)

Melbourne Law School ( email )

University of Melbourne
Melbourne, Victoria 3010
Australia

HOME PAGE: http://www.andrewchristie.com

John Davidson

Independent ( email )

No Address Available

Fiona Rotstein

Melbourne Law School ( email )

Faculty of Law
Victoria 3010
Australia

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