SOCAN had argued that the act of uploading a song is a performance of the work and should justify a separate royalty regardless of whether the song is ever downloaded or streamed.The Supreme Court of Canada ruled in a unanimous decision on Friday that music lovers, or anyone who legally accesses songs, movies, video games and other original works online, will not have to pay double royalties or fees to the creators of those works.
The case before the top court was brought by SOCAN , an organization that collects royalties for performances of works on behalf of the artists who created them. SOCAN had argued that the act of posting or uploading a song, for example, to an online catalogue for later downloading or streaming, offered by platforms such as iTunes or Spotify, is a performance of the work and should justify a separate royalty regardless of whether the song — perhaps an unpopular one — is ever chosen by a user.
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