SOCAN - Society of Composers, Authors and Music Publishers...

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Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Providers et al. , May 1, 2002, F.C.A. (Evans, J.A., Linden J.A.) Case Summary by Jeanette Lee Background: Application for judicial review by SOCAN to set aside first phase Copyright Board decision (October 27, 1999) excluding most intermediaries from liability to pay royalties for copyrighted music transmitted on the Internet. Copyright Board had held that a royalty can be imposed on those who post music on a server located in Canada, to which users have access, but that the normal activities of Internet intermediaries (those whose only role in the Internet transmissions is to operate a server on which music is stored, or to provide a recipient with Internet access) do not constitute a "communication" for the purpose of the Copyright Act, therefore a royalty should not be imposed upon those intermediaries. Held: Application dismissed in part. The court upheld the Copyright Board's ruling that Internet access providers were not liable for royalty payments, when acting strictly as conduits. When a content provider has posted music on a host server, the operator of the host server is then providing the "means necessary" to enable the content provider to communicate by telecommunication, for the purposes of section 2.4(1)(b) of the Copyright Act . An Internet intermediary's performance of activities which are ancillary to the provision of disk space, such
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SOCAN - Society of Composers, Authors and Music Publishers...

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