Canadian Court Confirms that Copyright Holders Entitled to Royalties for Ringtones

The Supreme Court of Canada has recently refused to grant leave to appeal in a case concerning the obligation to pay royalties to copyright holders for ringtones. The case had been decided by the Copyright Board of Canada which found that the Society of Composers, Authors and Music Publishers of Canada can retroactively collect royalties from telecommunication operators for ringtones downloaded during 2003―2005. Bell Mobility, Telus Mobility and the Canadian Wireless Telecommunications Association appealed to the Federal Court and stated that the sale and download of ringtones was not public communication but actually a private transaction because downloading did not guarantee that the ringtone would be played. The Federal Court upheld the Copyright Board’s decision which is final after the leave to appeal was denied.

Roschier, Attorneys Ltd. - Sweden

Azevedo Sette Advogados
  • Delta Airlines
  • InternetBar.Org