Canada Blank Media Levies

2004 Decision, Copyright Board Of Canada

Regarding Blank Media Levies:

The regime does not address the source of the material copied. There is no requirement in Part VIII that the source copy be a non-infringing copy. Hence, it is not relevant whether the source of the track is a pre-owned recording, a borrowed CD, or a track downloaded from the Internet.

Although the source of the copy does not matter, the destination does. The Board believes that section 80 creates an exemption that applies as long as two conditions are met: the copy must be for the private use of the person making it, and it must be made onto an audio recording medium, as defined in section 79

Source: http://www.cb-cda.gc.ca/decisions/c12122003-b.pdf