The Federal Court of Appeal has ruled on royalties for songwriters, in a June 8, 2020 story. (Photo by THE CANADIAN PRESS)

Appeal court overturns double royalties ruling in a win for Apple

OTTAWA — The Federal Court of Appeal has ruled that songwriters are entitled to royalties not when music is first posted online, but only after it has been downloaded.

The decision overturns an administrative body ruling from 2017 that found composers and publishers can collect two sets of royalties: one when a song is made available on a music service such as iTunes or Spotify, and a second when the work is downloaded or streamed.

Justice David Stratas wrote that the Copyright Board of Canada “skewed its analysis in favour of one particular result” and relied on ”leaps of reasoning” that clash with precedent and federal legislation.

The decision hinged in part on the definition of “communication” of a musical work, which the Supreme Court of Canada has ruled refers to streaming or downloading, but not to the act of posting it for purchase online.

The ruling comes as the music industry continues to reel from the COVID-19 crisis, which has led to cancelled concerts around the globe and made royalty revenue all the more important.

The judicial tribunal’s case was between Apple Inc. and the Society of Composers, Authors and Music Publishers of Canada (SOCAN) along with more than 30 other respondents.

SOCAN chief legal officer Andrea Kokonis said the group was “disappointed” with the ruling, “particularly…at a time when many music creators and publishers are struggling as much of their livelihood has been halted due to the coronavirus lockdown.”

Kokonis said the decision puts Canada “far behind other jurisdictions in terms of compensating copyright owners for the use of their music.”

Apple Canada did not respond immediately to requests for comment.

This report by The Canadian Press was first published June 8, 2020.

Music

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Red Deer & District Chamber of Commerce. (Contributed photo)
Red Deer & District Chamber of Commerce announces business of the year winners

All finalists ‘displayed courage’ this year, says chamber CEO

More than 400 COVID-19 cases reported in Alberta Wednesday, according to multiple reports. (File photo)
Over 400 additional COVID-19 cases Wednesday

3,372 active cases of COVID-19 in Alberta

A 47-megawatt solar power project has been proposed for a site southwest of the Nova Chemicals petrochemical complex.
Map contributed
$52-million solar power project proposed for Joffre

Project to be built southwest of Nova Chemicals plant could be producing power by the end of 2021

AnnaMarie Lea, artistic director of Lacombe’s Cow Patti Theatre, thinks a lot of people would love to focus on something other than the pandemic, with a few hours of entertainment. (Contributed photo).
Some Red Deer-area shows will go on — with new pandemic precautions

Some theatrical productions are happening under new rules

Red Deer Mayor Tara Veer will be at the legislature Thursday to urge members of the UCP caucus to drop the plan to consolidate EMS dispatch by Jan. 4. (Photo by BYRON HACKETT/Advocate Staff)
Red Deer mayor takes EMS consolidation fight to Edmonton

Mayors of Red Deer, Lethbridge, Calgary and Wood Buffalo to address UCP caucus on Thursday

Alberta Premier Jason Kenney arrives for an announcement at a news conference in Calgary, Alta., Tuesday, Sept. 15, 2020.	Kenney is isolating at home after one of his ministers tested positive for COVID-19. THE CANADIAN PRESS/Todd Korol
Alberta premier isolating after minister tests positive for COVID-19

Alberta Premier Jason Kenney is isolating at home

Tampa Bay Rays' Brandon Lowe rounds the bases after a home run off Los Angeles Dodgers starting pitcher Tony Gonsolin during the first inning in Game 2 of the baseball World Series Wednesday, Oct. 21, 2020, in Arlington, Texas. (AP Photo/Eric Gay)
Lowe homers twice, Rays hold off Dodgers 6-4 to even Series

Lowe homers twice, Rays hold off Dodgers 6-4 to even Series

Mighty Heart is held outside trainer Josie Carroll's stable by exercise rider Des McMahon, as the colt is washed down after being breezed at Woodbine Racetrack in Toronto on October 15, 2020. Mighty Heart will make his Triple Crown quest from the the No. 8 post Saturday. The Queen's Plate and Prince of Wales champion was named the even-money favourite in the draw Wednesday for the $400,000 Breeders' Stakes. THE CANADIAN PRESS/Chris Young
Mighty Heart to take run at ending Triple Crown drought in $400,000 Breeders Stakes

Mighty Heart to take run at ending Triple Crown drought in $400,000 Breeders Stakes

Toronto Blue Jays President Mark Shapiro watches during baseball spring training in Dunedin, Fla., on Friday, February 24, 2017/ Short on specifics and long on bullishness, Shapiro set an optimistic tone during his first general media availability since the team was eliminated from the post-season a few weeks ago. THE CANADIAN PRESS/Nathan Denette
Toronto Blue Jays president Mark Shapiro short on specifics, long on bullishness

Toronto Blue Jays president Mark Shapiro short on specifics, long on bullishness

Liverpool's Fabinho, saves from the goal line after a header from Ajax's captain Dusan Tadic from scoring during the group D Champions League soccer match between Ajax and Liverpool at the Johan Cruyff ArenA in Amsterdam, Netherlands, Wednesday, Oct. 21, 2020. (AP Photo/Peter Dejong)
Real Madrid beaten again, Bayern surges in Champions League

Real Madrid beaten again, Bayern surges in Champions League

Toronto Wolfpack captain Josh McCrone raises the Betfred Championship Trophy alongside teammates after defeating the Featherstone Rovers in the Million Pound Game in Betfred Championship rugby league action in Toronto on October 5, 2019. THE CANADIAN PRESS/Cole Burston
Financially troubled Toronto Wolfpack could learn fate soon as early as next week

Financially troubled Toronto Wolfpack could learn fate soon as early as next week

Kansas City Chiefs' Demarcus Robinson (11) holds off Buffalo Bills' Tre'Davious White (27) as Bills' Justin Zimmer (61) also pursues during the second half of an NFL football game, Monday, Oct. 19, 2020, in Orchard Park, N.Y. (AP Photo/Adrian Kraus)
Bills defence looks to rebound after consecutive losses

Bills defence looks to rebound after consecutive losses

CPL champion Forge FC ready for CONCACAF League opener in El Salvador

CPL champion Forge FC ready for CONCACAF League opener in El Salvador

Most Read