Society of Composers, Authors and Music Publishers of Canada (SOCAN) vs. Canadian Association of Internet Providers Supreme Court of Canada – 2004

“Providing access is not the same as authorizing infringement.

SHORT DESCRIPTION

This landmark judgment addressed the liability of Internet Service Providers in cases of online copyright infringement. The Supreme Court of Canada clarified the legal position of intermediaries in the digital environment and held that entities providing internet access are not automatically responsible for infringing content transmitted by users. The ruling continues to influence internet law and digital copyright policy worldwide.

FACTS OF THE CASE

SOCAN, a collective society representing composers and music publishers, claimed that copyrighted musical works were being accessed and transmitted over the internet without authorization. It argued that Internet Service Providers enabled such access and should therefore be held liable for copyright infringement or be required to pay royalties.

The Canadian Association of Internet Providers contended that ISPs merely provide the infrastructure through which data flows and do not control or select the content transmitted. They argued that imposing liability on ISPs would hinder the development of the internet and unfairly burden neutral intermediaries.

ISSUES INVOLVED

The Court examined whether ISPs authorize copyright infringement by merely providing internet access. It also considered whether intermediaries could be equated with publishers or broadcasters of infringing content and whether copyright liability should extend to passive facilitators.

FINDINGS AND OBSERVATIONS OF THE COURT

The Supreme Court held that ISPs acting as neutral intermediaries do not authorize infringement merely because they enable access to the internet. The Court distinguished between content creators and content carriers, emphasizing that liability should attach only where there is knowledge, control, or direct involvement in infringement. The judgment recognized the importance of technological neutrality in copyright law.

SUGGESTION / PRACTICAL TAKEAWAY

This case provides clarity and protection for digital intermediaries. Copyright enforcement should focus on actual infringers rather than entities that merely provide access or technical services.

JUDGMENT

Year: 2004

The Supreme Court of Canada held that Internet Service Providers are not liable for copyright infringement committed by users.