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Canada's Federal Court of Appeal has overturned a Double Royalties Rule that's a win for Apple

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The Federal Court of Appeal has ruled that songwriters are not entitled to royalties 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 are entitled to two royalties: one when a song is made available on a platform such as iTunes or Spotify, and a second when the piece is downloaded or streamed.

 

Justice David Stratas wrote that the Copyright Board of Canada "skewed its analysis in favor 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 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

 

Apple Canada did not respond immediately to requests for comment. For more read the full Canadian CTV News report.

 

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