File: Private Copying 2003-2004

Interrogatories

From: Canadian Storage Media Alliance

c/o Mr. Stuart C. McCormack

Mr. Randall J. Hofley

Stikeman, Elliott

50 O'Connor Street, Suite 1600

Ottawa, Ontario

K1P 6L2

Tel: (613) 234-4555

Fax: (613) 230-8877
E-mail: smccormack@stikeman.com
E-mail: rhofley@stikeman.com

To: Belcarra Messaging Corporation

Mr. Richard C. Pitt

Chief Executive Officer

19344 -119B Avenue

Pitt Meadows, B. C. V3Y 1J9

Tel: (604) 644-9265

Fax: (604) 465-2666

E-mail: richard@belcarra.com

1. Please provide detailed Information relating to the scope of the Party's activities, including Information on the use to which the Party put the Products.

2. If the Party is an association of organization of any kind, please provide a current and complete list of the Party's membership.

3. Which, if any, of the Products or any other blank recording media does the Party purchase and/or use?

4. To the extent of the Party's knowledge, which of the Products or any other blank recording media do other persons, corporations, organizations or entities who are similar in nature to the Party ("parties similarly situate") purchase and/or use?

5. What volume of the Products or any other blank recording media does the Party purchase and/or use annually, expressed by units, recordable minutes or some other measure?

6. To the extent of the Party's knowledge, what volume of the Products or any other blank recording media is used by parties similarly situate to the Party annually, expressed by units, recordable minutes or some other measure?

7. From what source does the Party obtain the Products and/or other blank recording media that is utilized by the Party?

8. Please provide a detailed description of the use(s) which the Party makes of the Products and/or other blank recording media. Please provide examples of each type of material that the Party or its members record on each of the Products or other blank recording media.

9. Who owns the copyright or any other rights associated with the material that the Party record on the Products or other blank recording media? Please provide all available Information Relating to these rights.

10. Please provide a detailed description of any harm, such as lost sales, additional costs, levy evasion, the Party believes it, or others similarly situate, will suffer if the private copying levies proposed by the CPCC are certified by the Copyright Board. Please provide copies of all Information that supports the response provided.

11. Assuming that the private copying levies proposed by the CPCC are certified by the Copyright Board, how will these levies impact on the competitiveness of the Party's members when compared with others in the same or similar industries? Please provide all Information that supports the response provided.

In these interrogatories,

"Audio Recording Medium" shall have the meaning specified in section 79 of the Copyright Act;

"Blank Audio Recording Medium" shall have the meaning specified in section 79 of the Copyright Act;

"Collecting Body" shall have the meaning specified in section 79 of the Copyright Act, and includes the Canadian Private Copying Collective ("CPCC");

"Custody" means in the possession, power or control;

"Devices" includes a piece of equipment such as a personal computer;

"Documentation" means any document of any kind, including any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material, regardless or physical form or characteristics, and any copy or portion thereof, and, without restricting the generality thereof, but for better illustration, the following types of documents: reports, charts, contracts, agreements, arrangements, legislation, minutes, books, logs, diaries, agenda, memoranda, letters, draft documents, studies, tests, reports, notes, correspondence, position papers, brochures, corporate marketing policies, directives, management briefings, facsimile transmissions, inter and/or intra corporate reports and directives, and other records including records electronically created or stored in any system of manual, or electronic data processing system or by any Information storing devices;

"Eligible Author" shall have the meaning specified in section 79 of the Copyright Act;

"Eligible Author, Maker or Performer" means "Eligible Author", "Eligible Maker" and "Eligible Performer";

"Eligible Maker" shall have the meaning specified in section 79 of the Copyright Act;

"Eligible Performer" shall have the meaning specified in section 79 of the Copyright Act;

"Eligible Repertoire" means the works of an "Eligible Author, Maker or Performer";

"Foreign Collective Society" means a Collecting Body, collective society, title organization or other similar society or organization in a country other than Canada;

"Information" means information within the knowledge of the Party and Documentation within the Custody of the Party;

"MP3" means the computer program that may be used to compress songs and includes any of the following formats:

(i) MP3

(ii) Windows Media Audio Player

(iii) Liquid Audio

(iv) Lucent’s EPAC; and

(v) WAV, AMP;

(vi) and any other functional equivalent

"Party" means the recipient of these Interrogatories and any and all persons (including legal counsel or other professional advisors), corporations, associations, organizations, or other entities who are:

(i) members of;

(ii) employed by;

(iii) provide professional services to;

(iv) affiliated with; or

(v) otherwise participate in the administration or governance of the Party.

"Private Copying" shall mean copying for private use, as specified in section 80 of the Copyright Act;

"Products" means:

(i) 60 minute audio compact cassette tapes;

(ii) 90 minute audio compact cassette tapes;

(iii) 100 minute audio compact cassette tapes;

(iv) 120 minute audio compact cassette tapes;

(v) any other length of audio compact cassette tape;

(vi) CD-R (Recordable Compact Discs);

(vii) CD-RW (Re-Writable Recordable Compact Discs);

(viii) CD-R-Audio (Audio Recordable Compact Discs);

(ix) CD-RW Audio (Audio Re-writable Recordable Compact Discs)

(x) Mini-disc;

(xi) Removable electronic memory cards, removable flash memory storage media of any type, and removable micro-hard drives (microdrive and any similar removable hard drive);

(xii) Recordable digital versatile discs (DVD-R, DVD-RW, DVD+RW, DVD-RAM or any other type of recordable or rewritable DVD);

(xiii) Non-removable electronic memory cards or non-removable flash memory storage media of any type incorporated into an MP3 player or into any similar device with internal electronic or flash memory that is intended for use primarily to record and play music; and

(xiv) Non-removable hard drives incorporated into an MP3 player or into any similar device with an internal hard drive that is intended for use primarily to record and play music.

"Relating to" means all Information which proves, relates to, bears on, supports, describes, discredits or disproves;

"Reproduce" or "Reproduction" of sound or sound recordings also refers to "record" or "recording" of sound or sound recordings;

"Royalties" means the monies received, or proposed to be received, pursuant to a Tariff;

"Tariff" means any relevant tariff, or proposed tariff, as published in the Canada Gazette;

The plural form of each expression defined above shall have a corresponding meaning.