CMRRA-SODRAC Inc. v. Apple Canada Inc., 2020 FCA 101

JurisdictionFederal Jurisdiction (Canada)
Citation2020 FCA 101
CourtCourt of Appeal (Canada)
Date05 June 2020
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12 practice notes
  • Entertainment Software Assoc. v. Society Composers, 2020 FCA 100
    • Canada
    • Court of Appeal (Canada)
    • June 5, 2020
    ...about what the tariff should be for the “making available” activity. A judicial review of this related decision has been dismissed: 2020 FCA 101. [13] In this case, for the reasons that follow, I would allow the applications and quash the Board’s decision concerning the interpretation of su......
  • Canada v. Boloh 1(a), 2023 FCA 120
    • Canada
    • Court of Appeal (Canada)
    • May 31, 2023
    ...within its ken: Canada v. Kabul Farms Inc., 2016 FCA 143, 13 Admin. L.R. (6th) 11 at para. 25; CMRRA-SODRAC Inc. v. Apple Canada Inc., 2020 FCA 101 at para. 49; Re:Sound v. Canadian Association of Broadcasters, 2017 FCA 138, 148 C.P.R. (4th) 91 at para. 49; Canadian Copyright Licensing Agen......
  • Cotirta v. Canada (Attorney General), 2021 FC 211
    • Canada
    • Federal Court (Canada)
    • March 15, 2021
    ...that the Supreme Court has not given any guidance on the subject in Vavilov in a recent decision (CMRRA-SODRAC Inc v Apple Canada Inc, 2020 FCA 101 at para 15). In Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 at para 56, the Federal Court of Appeal noted the fol......
  • For Whom The Ringtone Tolls ' Federal Court Confirms No Repayment Owed To Telecommunications Companies By SOCAN For Communicating Downloadable Ringtones
    • Canada
    • Mondaq Canada
    • April 13, 2021
    ...right, see our discussion of Entertainment Software Assoc. v. Society Composers, 2020 FCA 100 and CMRRA-SODRAC Inc. v. Apple Canada Inc., 2020 FCA 101 in our Canadian Copyright 2020 Year in Review). Over the years, as the present dispute wore on, Rogers, Bell, and Quebecor each stopped payi......
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6 cases
  • Entertainment Software Assoc. v. Society Composers, 2020 FCA 100
    • Canada
    • Court of Appeal (Canada)
    • June 5, 2020
    ...about what the tariff should be for the “making available” activity. A judicial review of this related decision has been dismissed: 2020 FCA 101. [13] In this case, for the reasons that follow, I would allow the applications and quash the Board’s decision concerning the interpretation of su......
  • Canada v. Boloh 1(a), 2023 FCA 120
    • Canada
    • Court of Appeal (Canada)
    • May 31, 2023
    ...within its ken: Canada v. Kabul Farms Inc., 2016 FCA 143, 13 Admin. L.R. (6th) 11 at para. 25; CMRRA-SODRAC Inc. v. Apple Canada Inc., 2020 FCA 101 at para. 49; Re:Sound v. Canadian Association of Broadcasters, 2017 FCA 138, 148 C.P.R. (4th) 91 at para. 49; Canadian Copyright Licensing Agen......
  • Cotirta v. Canada (Attorney General), 2021 FC 211
    • Canada
    • Federal Court (Canada)
    • March 15, 2021
    ...that the Supreme Court has not given any guidance on the subject in Vavilov in a recent decision (CMRRA-SODRAC Inc v Apple Canada Inc, 2020 FCA 101 at para 15). In Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 at para 56, the Federal Court of Appeal noted the fol......
  • Tapia Fernandez v. Canada (Citizenship and Immigration), 2020 FC 889
    • Canada
    • Federal Court (Canada)
    • September 9, 2020
    ...67-71) and the Supreme Court has not given any guidance on this in its recent decision in Vavilov. (CMRRA-SODRAC Inc v Apple Canada Inc, 2020 FCA 101 at para 15 [Apple [19] Despite the unclear situation regarding the standard of review for issues of procedural fairness, considering whether ......
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6 firm's commentaries
  • For Whom The Ringtone Tolls ' Federal Court Confirms No Repayment Owed To Telecommunications Companies By SOCAN For Communicating Downloadable Ringtones
    • Canada
    • Mondaq Canada
    • April 13, 2021
    ...right, see our discussion of Entertainment Software Assoc. v. Society Composers, 2020 FCA 100 and CMRRA-SODRAC Inc. v. Apple Canada Inc., 2020 FCA 101 in our Canadian Copyright 2020 Year in Review). Over the years, as the present dispute wore on, Rogers, Bell, and Quebecor each stopped payi......
  • Federal Court Of Appeal Reverses Copyright Board On "making Available"
    • Canada
    • Mondaq Canada
    • June 17, 2020
    ...a companion decision to the making available decision. In joint reasons dealing with both CMRRA v. Appel et al and SOCAN v. Apple et al (2020 FCA 101), the Court upheld the Board's decision to lower the royalties paid for on-demand streaming that were the result of a different valuation met......
  • Federal Court Of Appeal Issues Two Decisions On The Copyright Act's "Making Available" Right
    • Canada
    • Mondaq Canada
    • June 16, 2020
    ...prior to streaming of content justify payment of two separate fees. The second FCA decision (CMRRA-SODRAC Inc. v. Apple Canada Inc., 2020 FCA 101) also involved the application of the MAR in the context of an assessment of a tariff for sound recordings, but unlike the decision in ESA v SOCA......
  • Copyright Year In Review 2020
    • Canada
    • Mondaq Canada
    • February 5, 2021
    ...SOCAN and Music Canada have filed applications for leave to appeal to the Supreme Court of Canada. CMRRA-SODRAC Inc v Apple Canada Inc, 2020 FCA 101 Released on the same day as ESA v SOCAN above, Justice Stratas, writing again for the Court, upheld the Copyright Board's determination on the......
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