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Copyright

Desperate for a Partnership?

Canada has been lobbying to enter the Trans-Pacific Partnership (TPP), and its efforts have seemingly paid off with an exclusive invite to the secretive nine-member club on June 19, 2012. With Ottawa championing its economic benefits and potential, there are many asking a simple question – what have we given up?

SOCAN v. Bell: A Victory for Fair Dealing, Consumers?

Sometimes called “the Apple iTunes” case, SOCAN v Bell, 2012 SCC 36 was one of the five copyright rulings released by the Supreme Court of Canada last week. The case concluded that short preview clips streamed by online music retailers qualify as fair dealing for the purpose of research under s. 29 of the Copyright […]

Re:Sound v. MPTAC: SCC Upholds Copyright Board’s Decision

On July 12, 2012, in a unanimous 9-0 decision, the Supreme Court of Canada dismissed the appeal launched by Re:Sound, rejecting an application for Tariffs on soundtracks accompanying cinematographic works. The SCC held that a sound recording accompanied by a video is precluded from collecting the s.19 remuneration right.

Rogers v. SOCAN: The SCC Streamlines its Stance on On-Demand Streaming

The much anticipated Supreme Court of Canada ruling in Rogers Communications Inc v Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 35 (Rogers v SOCAN), culminated with a unanimous Court holding that on-demand transmissions of music streams made available by online music services constitute communications “to the public”.  Consequently, the on-demand streaming of […]

ESAC v. SOCAN – Battle Lines Drawn in Copyright Pentalogy

Entertainment Software Association of Canada v SOCAN was one of two 5-4 split decisions of the copyright pentalogy decisions released on July 12. Online media and software producers and distributors won a major victory. The Supreme Court ruled that the “communication to the public by telecommunication” right does not apply to downloads of a musical […]

Google Plays Nice with French Publishers, Trial Scheduled in the U.S.

In June, Google, Inc. received some welcome news in France after the lawsuits instigated by the French Publishers Association (Syndicat national de l’édition) and the French Author’s Association (Société des gens de lettres) were withdrawn following a successfully agreed upon “framework” settlement. Google wrote on its European Public Policy blog that the new arrangement gives […]

The Fivefecta: Canada’s Supreme Court Releases 5 Significant Copyright Decisions

Without a background in horse racing, I feel comfortable expressing today as a “Fivefecta”. Since Monday’s announcement that the Supreme Court of Canada (“SCC”) would release judgments in five critically important copyright appeals heard on December 6 and 7, 2011, there has been a growing excitement in the Copyright community. The decisions from these appeals, […]

SCC Renders Judgements in Copyright Pentalogy

This morning at 9:45am, the Supreme Court of Canada rendered it’s judgements in five major copyright cases. These judgements will shape Canada’s copyright law for many years to come. The cases are: Society of Composers, Authors and Music Publishers of Canada v. Bell Canada, 2012 SCC 36 (July 12, 2012) Rogers Communications Inc. v. Society […]

R.I.P. ACTA (For Now)

While North American IP enthusiasts had likely been pre-occupied with the controversy surrounding the stalled American anti-internet piracy bills known as SOPA and PIPA (covered by IP Osgoode here), Europe has been struggling to deal with the Anti-Counterfeiting Trade Agreement (ACTA). Even though it was designed to be an international framework for improved intellectual property […]