Federal Court of Appeal decides the Satellite Radio JRs

December 16th, 2010 by Barry Sookman Leave a reply »

The Federal Court of Appeal released its reasons for decision in two judicial review applications from the Copyright Board’s decision released of April, 2009. Both JR applications were dismissed.

The decision contains several important copyright rulings. In particular:

  • When an entity provides a service for use with its own designed and manufactured devices e.g., a satellite radio service and radio receiving set, and the use of the device with the service will necessarily result in automatic copying of the content by the user, the provider of the service (in this case XM and Sirius), can  be liable for the copying which occurs on the device under a theory of authorization.
  • The Copyright Act does not extend to acts of reproduction that take place wholly within another country (here the US), even if the act of copying is authorized from Canada or if the act of copying is initiated from Canada. The real and substantial connection test is not applicable to acts that take place wholly within another country.
  • Copying of small amounts of information of a work in a rolling (temporary) buffer is not a reproduction of a substantial part of a work.
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