Rogers Communications Partnership v. Society of Composers, Authors and Music Publishers of Canada

Rogers Communications Partnership v. Society of Composers, Authors and Music Publishers of Canada

The internet transmission of ringtone files is a reproduction/download and not a communication of a musical work to the public under s 3(1)(f); nonetheless the Copyright Board validly certified Tariff 24 and its decision was not beyond jurisdiction; the plaintiffs are not precluded by res judicata or by their 2010 agreement from litigating repayment; SOCAN was not unjustly enriched because tariff payments were made under a valid Board-certified tariff until Supreme Court decisions put the tariff's legal foundation in serious doubt and plaintiffs ceased payments; no tracing order is warranted.

Citation
2015 FC 286
Parties
Plaintiff / Defendant by Counterclaim: Rogers Communications Partnership; Plaintiff / Defendant by Counterclaim: Telus Communications Company; Plaintiff / Defendant by Counterclaim: Bell Mobility Inc.; Plaintiff / Defendant by Counterclaim: Quebecor Media Inc.; Defendant / Plaintiff by Counterclaim: Society of Composers, Authors and Music Publishers of Canada (SOCAN)
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 March 2015
Procedural Posture
Civil Action Motion for Declaratory Relief Regarding Validity and Enforcement of Copyright Board Tariff / Decision on Motion (order and Reasons)
Outcome
Declarations issued answering six posed legal questions in favour of plaintiffs on some points and defendants on others; no order as to costs
Legal Topics
Communication to the Public, Copyright Tariffs, Jurisdiction of the Copyright Board, Res Judicata, Estoppel, Unjust Enrichment, Tracing Orders, Technological Neutrality
Source Language
English
Copyright Law Telecommunications Law Administrative Law Contract Law Equitable Remedies Communication to the Public Copyright Tariffs Jurisdiction of the Copyright Board +5 more

Case Brief

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Parties

Rogers Communications Partnership

Plaintiff / Defendant by Counterclaim

Telus Communications Company

Plaintiff / Defendant by Counterclaim

Bell Mobility Inc.

Plaintiff / Defendant by Counterclaim

Quebecor Media Inc.

Plaintiff / Defendant by Counterclaim

Society of Composers, Authors and Music Publishers of Canada (SOCAN)

Defendant / Plaintiff by Counterclaim

Procedural Posture

Civil Action Motion for Declaratory Relief Regarding Validity and Enforcement of Copyright Board Tariff / Decision on Motion (order and Reasons)

Legal Issues

  1. 1 Whether internet transmission of ringtone file constitutes communication of a musical work to the public by telecommunication under s 3(1)(f) of the Copyright Act
  2. 2 Whether the Copyright Board had jurisdiction to certify Tariff 24 (ringtones) for 2003-2005 and 2006-2013
  3. 3 Whether the plaintiffs' claim is barred by res judicata

Ratio Decidendi

The internet transmission of ringtone files is a reproduction/download and not a communication of a musical work to the public under s 3(1)(f); nonetheless the Copyright Board validly certified Tariff 24 and its decision was not beyond jurisdiction; the plaintiffs are not precluded by res judicata or by their 2010 agreement from litigating repayment; SOCAN was not unjustly enriched because tariff payments were made under a valid Board-certified tariff until Supreme Court decisions put the tariff's legal foundation in serious doubt and plaintiffs ceased payments; no tracing order is warranted.

Court Disposition

Declarations issued answering six posed legal questions in favour of plaintiffs on some points and defendants on others; no order as to costs

Orders

  • The plaintiffs’ claim has not been finally decided against them.
  • The 2010 agreement between the plaintiffs and SOCAN does not prevent them from claiming the relief they seek.