www.jeremydebeer.ca

 

In this paper, published in the Canadian Journal of law & Technology, I consider whether levies are an appropriate way to deal with the challenges and opportunities that are arising in Canada's digital music market. I argue that tariffs or levies on the goods and services of third parties are not the best method to support the Canadian music industry in the digital environment.

Although copyright markets are far from perfect, the appropriate response is to simplify market exchanges rather than undermine them through an expanded exemption/levy scheme. The concept of substituting third party liabilities for free-market transactions suffers from numerous flaws. This paper canvasses possible philosophical objections, constitutional constraints, international treaty issues, cross-subsidization concerns and outdated assumptions, all of which must be dealt with before a broad exemption/levy scheme would be viable in Canada. On balance, I argue that the downside of levies outweighs any benefits.

 

You can access the paper through CCH Canadian's database with a paid subscription, or download the paper here or from bepress here.