IP Osgoode Speaker Series: The Honourable Mr. Justice Marshall Rothstein – Reflections on the Supreme Court of Canada 2012 Copyright Decisions

On November 27th, 2012, IP Osgoode was pleased to welcome The Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada to share his thoughts with respect to the 5 important copyright cases (known as the “Copyright Pentalogy”) that he took part in deciding earlier this year.

UK Collecting Societies To Adopt Minimum Standards

The UK government has released a minimum standards document detailing codes of conduct to be implemented by all UK collecting societies. The document details collecting societies’ obligations to rights holders and licensees, and follows recommendations made in an independent report commissioned by Prime Minister David Cameron in 2010.

Webcasting IV? Update on Copyright Board of Canada Proceedings on Highly-Anticipated Webcaster Royalty Rates

On September 24, 2012, the Copyright Board of Canada (the “Board”) began a two week public hearing for two proposed Re:Sound tariffs: Tariff 8.A (Simulcasting and Webcasting) and Tariff 8.B (Semi-Interactive Webcasting). This hearing has been highly anticipated since Pandora, a popular American webcaster and an objector participating in the hearing, exited the Canadian market […]

The Impact of Free Music Downloads on the Purchase of Music CDs in Canada

This report examines data on the effects of Internet peer-to-peer (P2P) file sharing activities on music purchasing which were obtained from a survey commissioned by Industry Canada. The survey was designed to “inform Industry Canada's policy development work” [1] and ultimately therefore support better policy decisions regarding the copyright law in Canada.

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?

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 […]

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, […]

UK's (Losing) Battle with Pirates

In what seems to be a never-ending war on piracy, the Royal Navy has been seemingly substituted for an army of lawyers, and skirmishes on the seas traded for exchanges in a courtroom.  In a decision that mirrors an international effort to limit access to the peer-to-peer file sharing website known as “The Pirate Bay” […]