Rogers Communications Inc., Rogers Wireless Partnership ... - Slaw

a later point - The court held that the focus had to be on the sender's activities incommunicating a given work over time, rather than on the individual transmission - Itwas necessary to consider the broader context to determine whether a given point-topointtransmission engaged the exclusive right to communicate to the public - Seeparagraphs 24 to 31.Copyright - Topic 3436Fees, charges or royalties - Determination of - Communication to the public bytelecommunication - At issue was whether the streaming of files (musical works) fromthe Internet triggered by individual users constituted communication “to the public” ofthe musical works by online music services who made the files available to the users forstreaming (Copyright Act, s. 3(1)(f)) - The online music service providers argued that thecourt had to look at the "intention" of the sender in accomplishing a given transmission -As opposed to the situation where the sender took it upon himself to send out numerouscommunications ("blast" communication), in the case of a one-to one-to-onetransmission, at least that from an online music service to a customer at the customer’srequest, it was argued that there was no intention that the same work ever be transmittedagain “because it is entirely at the request of the consuming public” - In the serviceproviders' view, that would justify differential treatment of the point-to-pointtransmission and the “blast” communication - The Supreme Court of Canada rejected theservice providers' argument - See paragraphs 32 to 35.Copyright - Topic 3436Fees, charges or royalties - Determination of - Communication to the public bytelecommunication - [See all Copyright - Topic 3].Copyright - Topic 3440Fees, charges or royalties - Determination of - Judicial review - [See first AdministrativeLaw - Topic 3202].Copyright - Topic 3444Fees, charges or royalties - Internet (world wide web) - Music - [See first and secondCopyright - Topic 3 and first Copyright - Topic 3436].Copyright - Topic 5667Copyright Board - Jurisdiction - Judicial review - [See first Administrative Law - Topic3202].Courts - Topic 103Stare decisis - Authority of judicial decisions - English, American and Foreign authorities- American decisions - [See eighth Copyright - Topic 3].Statutes - Topic 1604Interpretation - Extrinsic aids - General - History - [See seventh Copyright - Topic 3].Statutes - Topic 515