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Unanimous approval for Supreme Court determination to review Tariff 22

News | 04/03/2003 5:00 am EST
Music and Internet industry players are applauding a March 27 announcement that the Supreme Court of Canada will hear an appeal and cross-appeal of a lower court’s controversial ruling on Tariff 22, proposed royalties for music distributed electronically (CNM, Oct. 30/02). Canada’s highest court agreed to hear an appeal by a coalition of Internet service providers (ISPs) of the Federal Court of Appeal’s May 2, 2002 decision that ISPs must pay royalties related to music cached on their servers and that music downloaded here from outside the country is subject to royalty payments. In turn, the highest court will also hear a cross-appeal by the Society of Composers, Authors and Music Publishers of Canada (SOCAN) arguing that the lower court erred in determining that ISPs act only as conduits of music.

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