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Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Providers

2004 CarswellNat 1919, 2004 SCC 45, [2004] 2 S.C.R. 427 (2004)

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Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Providers

Canada Supreme Court
2004 CarswellNat 1919, 2004 SCC 45, [2004] 2 S.C.R. 427 (2004)

  • Written by Liz Nakamura, JD

Facts

The Society of Composers, Authors and Music Publishers of Canada (SOCAN) (plaintiff) filed a copyright-infringement application with the Canadian Copyright Board (the board) regarding copyrighted music transmitted into Canada from abroad using Internet services provided by the Canadian Association of Internet Providers (CAIP) (defendant). The board held that Canadian copyright laws did not apply to transmissions of copyrighted music that originated from servers located abroad because an Internet communication occurred in Canada only if it originated from a Canadian server. In other words, the board held that a content provider, such as an Internet service provider (ISP), was subject to Canada’s copyright laws only if the content was posted and transmitted from a server located within Canada. SOCAN appealed. The Federal Court of Appeal, in relevant part, reversed, holding that Canada’s copyright laws applied to any Internet transmission of copyrighted materials that had a real and substantial connection with Canada, regardless of whether the transmission originated within Canada or aboard. CAIP appealed to the Canada Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Binnie, J.)

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