Posts Tagged ‘communication to the public’

Federal Court of Appeal Dismisses Tariff 22 JRs

September 3rd, 2010

The Federal Court of Appeal released its decision today in several JRs in the tariff 22 case. The main holding in the decision is that a download of a music file from a online music service to a single user is a communication of the musical work to the public under the Copyright Act.

In making this ruling the Court reached the same conclusion as did a previous panel which decided the Tariff 24 Ringtones case, albeit for different reasons.

In giving reasons the Court also expressed the view that a a user of a peer to peer file sharing network can be liable under the communication to the public right.