Rogers Communications Partnership v. Society of Composers, Authors and Music Publishers of Canada, 2015 FC 286
Justice O'Reilly - 2015-03-06
Read full decision. Automatically generated summary:
The plaintiffs brought this motion to determine six legal issues relating to the validity of a tariff established by the Copyright Board of Canada that required the plaintiffs to pay royalties to SOCAN in respect of ringtones and ringbacks (Tariff 24). They seek an order declaring that Tariff 24 is invalid in respect of ringtones because the transmission of ringtones to their subscribers does not involve the communication of musical works to the public under s 3(1)(f) of the Copyright Act. Alternatively, they ask me to conclude that the Board lacked jurisdiction to certify Tariff 24 in respect of ringtones. Further, they assert that SOCAN has been unjustly enriched by royalties already paid under the tariff, and want to know which SOCAN members have received them.
Decision relates to:
- T-2046-12 - ROGERS COMMUNICATIONS PARTNERSHIP ET AL AND SOCIETY OF COMPOSERS ET AL
- A-141-15(2016 FCA 28) - which is an appeal from this decision