Canada's Private Copying Levy - Does it Comply With Canada's International Treaty Obligations?
Bibliographic record
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.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.011 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.011 | 0.008 |
| Scholarly communication | 0.010 | 0.003 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.007 | 0.005 |
| Insufficient payload (model declined to judge) | 0.009 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".