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The Supreme Court held that streaming can be a communication to the public under the Copyright Act, while downloads were moot after the companion ESA ruling.
The wireless transmission of a ringtone digital file to a cellphone is a "communication" once received, and where a carrier offers ringtones to its broad customer base resulting in a series of repeated identical transmissions to numerous recipients, those transmissions collectively constitute a "communication to the public" under s.3(1)(f); therefore the Copyright Board properly certified SOCAN Tariff No. 24 and its decision stands.
Source excerpt
Federal Court copyright judgment over unauthorized broadcast of a boxing event in licensed bars and one betting room, awarding injunctive relief and damages to the plaintiff.
La Cour suprême statue que la transmission radio par ondes hertziennes ne constituait pas une « télécommunication » au sens de l’art. 287 C.cr. alors en vigueur.
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