Re:Sound v. Motion Picture Theatre Associations of Canada et al. 2012 SCC 38
Copyright - Fees, charges or royalties - Determination of - Communication to the public by telecommunication (incl. cell phone ringtones)
The applicant filed two proposed tariffs for the performance in public and communication to the public by telecommunication of published sound recordings. The Copyright Board found that the applicant was not entitled to equitable remuneration pursuant to s. 19 of the Copyright Act when a published sound recording was part of the soundtrack that accompanied a motion picture that was performed in public or a television program that was communicated to the public by telecommunication. The applicant applied for judicial review.
The Federal Court of Appeal, in a decision reported at 415 N.R. 10, dismissed the application. The applicant appealed.
The Supreme Court of Canada dismissed the appeal.