Rogers Communications Canada Inc. v. Society of Composers, Authors and Music Publishers of Canada, 2021 FC 207
Justice Lafrenière - 2021-03-05
Read full decision. Automatically generated summary:
By this action, the Plaintiffs seek to recover royalties paid over a period of ten years to SOCAN for the transmission of ringtones containing musical works within the SOCAN’s repertoire that were downloaded onto mobile devices of the Plaintiffs’ customers. SOCAN has counterclaimed, seeking payment of ringtone royalties that the Plaintiffs has refused to pay. ... In light of the ESA decision [2012 SCC 34], the Plaintiffs took the position that Tariff 24 (2003-2005) and Tariff 24 (2006-2013) in respect of ringtones were without legal foundation and should be set aside. The Plaintiffs ceased making payments to SOCAN for the download of ringtones pursuant to Tariff 24, but continued to transmit ringtones containing musical works within SOCAN’s repertoire to their customers. ... For the above reasons, I conclude that the Plaintiffs have failed to establish any special or exceptional circumstances to be relieved from the application of issue estoppel. I also agree with SOCAN that the doctrine of estoppel and the basic principles of justice prevent the Plaintiffs from resiling from their settlement agreement. It would be inequitable in the particular circumstance of this case to require SOCAN to return the ringtones royalties. ... Tariff 24 remained in effect until Tariff 24 (2006-2013) and the 2010 Agreement both expired on December 31, 2013.
Decision relates to:
- T-2046-12 - ROGERS COMMUNICATIONS PARTNERSHIP ET AL AND SOCIETY OF COMPOSERS ET AL