Copyright
Students’ Rights Carved into Canada’s Copyright Regime: The SCC Affirms the Importance of the Student Perspective in Canada’s Copyright Policies
On July 30, 2021, the Supreme Court of Canada (“SCC” or “the Court”) affirmed students’ rights in York University v Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32 [York University]. In a relatively short decision, the SCC distills almost a decade of conflict into a dismissal of both parties’ appeals, while simultaneously disagreeing with […]
Double Royalties or Users' Rights? The SCC Interprets the Copyright Act in SOCAN
In Society of Composers, Authors and Music Publishers of Canada v Entertainment Software Association, 2022 SCC 30 [SOCAN], the Supreme Court of Canada (“SCC”) heard an appeal from the Federal Court of Appeal (“FCA”). The case turned on the interpretation of s. 2.4(1.1) of the Copyright Act, RSC 1985, c C-42 [the Act].
Keatley Surveying Ltd v Teranet Inc: The SCC’s Crown Copyright Case
Today (March 29) the Supreme Court of Canada (“SCC”) will hear the intellectual property case of Keatley Surveying Ltd v Teranet Inc, 37863 [Keatley] about the issue of copyright in land surveys. Keatley Surveying Ltd (“Keatley”) brought a proposed class action on behalf of all land surveyors in Ontario against Teranet Inc (“Teranet”), a private […]
Rogers Communications Inc v Voltage Pictures: Balancing Privacy and (Intellectual) Property Protection
This case has already been covered in detail by Nicole Daniels here. The case—and that post—focus more on the issue of who should bear liability for the costs of actions undertaken to combat infringement. This post focuses on the underlying reasons the SCC may have had in reaching their decision. Rogers Communications Inc v Voltage […]
Online Copyright Infringement – “It Is What It Is”?
The internet is like the wild west of the modern age. The simile may be trite, but there is no denying that the internet continues to progress faster than the law can regulate, rapidly presenting novel challenges for the courts. In particular, since the appearance of controversial sites such as Napster in the late 1990s, […]
Bell Canada v Canada (Attorney General) : FCA Ruling Preserves the Right of Canadians to Watch American Super Bowl Ads
On Sunday, February 4th, the New England Patriots and the Philadelphia Eagles will square off in the annual sports spectacle known as the Super Bowl. The National Football League’s (“NFL”) championship game is one of the largest televised events in the world, watched by over 160 million around the world and over 8 million in […]