Volume I

Issue : 8: October 16, 2003

• Privacy Commissioner Rules on Three PIPEDA Complaints Filed Against Banks
• U.S. Court of Appeals Finds Right to Domain Name Contingent on Ongoing Conduct
• BC Supreme Court Finds Exchange of Emails Sufficient To Form Binding Contract
• U.K. House of Lords Rejects Common Law Tort of Invasion of Privacy
• BC Supreme Court Finds Election Gag Law Unconstitutional
• Web Radio Royalty Fees Upheld
• Two U.S. Court of Appeals Release Judgments on the Scope of the Immunity Provided to ISPs Under CDA
• U.S. Regulators to Take Action Against Online Pharmacies
• Ontario Court of Appeal Overturns Internet Libel Finding

Home > Volume I > Issue 8: October 16, 2003 > Web Radio Royalty Fees Upheld

Web Radio Royalty Fees Upheld

On October 13, 2003, the U.S. Court of Appeals (3rd Cir.) ruled that radio stations must pay copyright fees to sound-recording owners in respect of songs they play over the Internet.

The National Association of Broadcasters and other appellants in this case argued that the copyright laws providing for payment of royalties to sound-recording owners only applied to Internet downloading services and not to online radio-style broadcasts. Their argument was based on the fact that radio station owners do not have to pay royalties to performers for their regular broadcasts, and that the copyright law was not intended to impose more onerous obligations with respect to online broadcasts.

The Appeals Court refused to accept this interpretation based on the legislation itself and the congressional record.

For a copy of the case, visit:

http://www.ca3.uscourts.gov/opinarch/013720p.pdf