Volume VI

Issue : 4: February 21, 2008

• ICANN Still Not Ready for Non English Domain Names
• Court Protects Anonymous Posters Identity
• Wireless Ringtones Attract Copyright Protection
• Controversial Online Gaming Company Applies for UK License
• Pennsylvania Woman Faces $10 Million Fine for Unlicensed eBay Auctions
• Canadian Version of Sedona Conference E Discovery Principles Released
• Are Software Licenses Unfair
• French Court Orders Heineken to Remove Beer Ads from Website

Home > Volume VI > Issue 4: February 21, 2008 > Wireless Ringtones Attract Copyright Protection

Wireless Ringtones Attract Copyright Protection

Ringtone suppliers, including telecommunication giants Bell Mobility and Telus, must pay royalties on ringtone sales after the Federal Court of Appeal in Canada upheld a 2006 ruling by the Copyright Board of Canada. The Court rejected the wireless carriers’ argument that delivering ringtones to wireless phone users did not deserve copyright protection. The Court ruled that because the supply of ringtones is available to be transmitted simultaneously to as many consumers as possible, it was a communication covered by the Copyright Act.

The Society of Composers, Authors and Music Publishers of Canada’s application to collect royalties under proposed Tariff 24 is the first tariff in Canada applying to musical works incorporated into telephone ringtones.

For a copy of the Board’s decision, visit:

http://www.cb-cda.gc.ca/decisions/m20060818-b.pdf

For a copy of the Federal Court of Appeal decision, visit:

http://www.canlii.org/en/ca/fca/doc/2008/2008fca6/2008fca6.html