Post Tagged with: "ringtones"

Federal Court of Appeal Upholds Ringtone Decision

The Federal Court of Canada has issued its decision (not yet online) in the judicial review of the Copyright Board of Canada's ringtone decision.  The court upheld the decision, marking a big win for SOCAN and a loss for the wireless providers (CWTA, Bell Mobility, Telus) who challenged the Board's decision.  The court addressed two primary issues – first, whether the transmission of a ringtone to a cellphone is a "communication" under the Copyright Act and second, whether it is a "communication to the public."  While the wireless carriers argued that a communication must only include a transmission that is intended to be heard simultaneously or immediately upon transmission, the court disagreed, ruling that "the wireless transmission of a musical ringtone to a cellphone is a communication, whether the owner of the cellphone accesses it immediately in order to hear the music, or at some later time."

The potentially more important line of reasoning involves whether the transmission of the ringtone is a "communication to the public." 

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January 10, 2008 1 comment News

Is RIM’s Pearl a Ringtone Killer?

Bob Lefsetz astutely points out that RIM's new Pearl device not only features a music player, but also permits users to use the songs they upload as ringtones.

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September 8, 2006 1 comment News

CRIA Won’t Spare a Dime for Canadian Creative Community

Professor Geist’s regular Toronto Star (Toronto Star version, HTML backup article, homepage version) column focuses on a recent application for a new Canadian copyright tariff on ringtones. The application by copyright collective SOCAN has generated some surprising opposition, with the Canadian Recording Industry Association actively opposing the request for ten […]

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August 23, 2004 Comments are Disabled Columns