Supreme Court (Of Canada) ruling scraps royalty for music downloads

MineGoesTo11

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It's gonna keep getting tougher for artists and songwriters trying to put food on the table.

What I can't figure out yet is if they can collect royalties for a physical copy of something, why wouldn't the sale of a download be the same?


Supreme Court ruling scraps royalty for music downloads - Politics - CBC News


Songwriters and music publishers were dealt a blow by the Supreme Court of Canada today when it ruled in a series of decisions that they are not entitled to royalties for song and video game downloads or for the song samples that online music retailers, including iTunes, offer customers.

And in a case that has implications for how schools and teachers can use photocopied textbook material, the top court rejected an earlier ruling from the Copyright Board that said a royalty had to be paid because the use of material wasn't covered by the "fair dealing" provision in copyright legislation.

In the music downloading case, the Supreme Court partly overturned a lower court decision that had allowed the Society of Composers, Authors and Music Publishers (SOCAN) to collect tariffs for both downloading and music streaming for its members. Copyright royalties are approved by the Copyright Board of Canada, and if those who have to pay them disagree, they can ask for a judicial review and fight them at the Federal Court of Appeal.


Artists and publishers are entitled to various rights and royalties under copyright legislation. Today's decision only affects a royalty that was being collected for downloading. Until now, downloading fell under the "communication to the public" right.

The Supreme Court disagreed with interpretations by the Copyright Board and Federal Court and ruled that transmitting a single copy of a work to a single individual is not a communication to the public within the Copyright Act.

However, the top court said that streaming music over the internet is not a private transaction and should be subject to the tariff currently in place.
 

acstorfer

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The Supreme Court of Canada? What is that? Is it like five mates hanging out at the pub in Toronto drinking Molson?
 

tampa898

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If I'm reading this right. I think they got it right. In the case of the video game. The artist has been paid a royalty for the use of the music by the developer, what the court is saying is that artist cannot ask for royalties if someone down loads that game from the internet claiming it is a music download because their music is in the game.
 

acstorfer

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If I'm reading this right. I think they got it right. In the case of the video game. The artist has been paid a royalty for the use of the music by the developer, what the court is saying is that artist cannot ask for royalties if someone down loads that game from the internet claiming it is a music download because their music is in the game.

I don't think they are talking about music used in video games. I think they are saying video game developers won't get royalties for online downloaded video game purchases. I can be absolutely wrong.
 

MineGoesTo11

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I think the overall trend is that the revenue structure for artists making a living from their music is changing, and that is going to present challenges.

Will it mean a race to the bottom in music? Will people be able to continue making a living? Will music suffer?

I don't know.
 

Cpt Matt Sparrow

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Slightly off topic from the op, but some of these companies such as Spotify pay next to nothing to the artist - it is quite shocking.

An example; a download that the customer pays 99 cents for, means the artist gets $0.002 :(

Matt
 

tampa898

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Yeah. Could be me too. Understanding legal jargin is not one of my finer points. Maybe Dice can fill us in to what the hell they are talking boot.
 

Drew224

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The business behind music is completely evil.
 

colchar

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I don't think they are talking about music used in video games. I think they are saying video game developers won't get royalties for online downloaded video game purchases. I can be absolutely wrong.

They were talking about music used in video games. The linked article didn't make that clear but others I read earlier today did.
 

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