First, there is no such thing as "non-copyright" material. Material may be public domain, or have an active copyright. Of course, you may have permission to copy (if you are the author, or use GPL, or are exercising fair use, or have permission to copy).

Second, the law specifically introduces the levy, and also introduces the personal copy provision. The personal copy provision allows you to copy music for your own use. It makes no other distinction. The levy is applied even if the use of the medium is for other than music.

If you download, or copy via P2P, you are (arguably) simply exercising your personal copy provision. You cannot make the material available on a BBS, or other service. But, if you simply download, someone else may have broken that law already. Indeed, simply supplying torrent files shouldn't trigger any violation either (see your lawyer, etc.).

The CRIA (so far) has been smart enough to not test this. I would imagine that there would be a major smackdown if if were tried.
 

and hilarity ensued!

http://www.youtube.com/watch?v=qOZuLD1u_K4