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SCC Refuses Hearing on Ringtone Appeal
The Supreme Court of Canada has refused to hear an appeal of the January 2008 Federal Court decision that upheld the 2006 Copyright Board tariff ruling which granted royalties to copyright holders for downloaded mobile phone ringtones. The decision not to hear the appeal means that the ruling on royalties will stand unless changed by legislative amendments to the Copyright Act.
At issue was the meaning of “communication”, with the Copyright Board and the Federal Court determining that the transmission of ringtones is a not only a communication, but a “communication to the public” that is subject to a separate copyright levy. The appellants, Bell Mobility, Telus Mobility and the Canadian Wireless Telecommunications Association unsuccessfully argued that the transmission was a private transaction and not a communication.
Following standard practice, no reasons were provided for the decision not to hear the appeal.
For additional information, visit:
http://www.cbc.ca/technology/story/2008/09/18/ringtone-supreme.html