The Federal Court of Canada has upheld the decision in review of the Copyright Board of Canada’s ringtone case. This is a win for SOCAN and a loss for all the wireless players (Bell Mobility, Telus, Rogers Wireless).
The court addressed two primary issues under the Copyright Act:
1. If the transmission of a ringtone to a cellphone is a “communication”.
2. If it’s a “communication to the public.”
Read more about this issue from Michael Geist, a guru in Canada an d Canadian Internet Law.