In the ESA v. SOCAN, 2012 SCC 34 case, the Supreme Court decided by a 5 to 4 majority that the transmission of a copy of a musical work to members of the public is not a communication to the public within the meaning of Section 3(1)(f) of the Copyright Act. When the Copyright Modernization Act was enacted the communication to the public right was expanded to expressly confer on copyright holders making available rights required by the WIPO Treaties. This was accomplished, inter alia, by the inclusion of Section 2.4(1.1) which provides that:
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Retirement of Mario Bouchard http://wp.me/p3flp9-2NA
Can a Website Disclaimer Prevent Declaratory Judgment Actions in IP Cases? Maybe…or Maybe Not http://buff.ly/126bL5l
The Internet Society Wants to Punch Your Nose and Commoditize You Without Your Permission http://buff.ly/17fQH5t
ASSOCIATION FOR MOLECULAR PATHOLOGY v MYRIAD GENETICS – a comparison with EU and Australian law http://buff.ly/18QUYg3
State photo-ID databases become troves for police in US http://buff.ly/17SqYiQ
More IP books for review http://buff.ly/18QSyOC
U.K. hacked diplomats’ phones, emails, Guardian reports http://buff.ly/11sxS7g
New DRM Changes Text of eBooks to Catch Pirates http://bit.ly/ZX8SYc
- Highlighted Posts
- A question of values
- Canada’s anti-spam law, too much of a good thing
- Change and the Copyright Modernization Act
- Contracting for a cloud computing deal?
- Copyright law 2012: the year in review in Canada and around the world
- CRTC Issues CASL (Canada’s Anti-Spam Law) Guidelines, background and commentary
- Developments in Computer, Internet and E-Commerce Law (2011-2012)
- Electronic Commerce Protection Regulations – Much Work Remains
- Evaluating the Industry Canada CASL regulations: my submission to the consultation
- Evaluating the Industry Canada CASL regulations: why they are needed
- Fixing CASL: comments on the draft CRTC and Industry Canada regulations
- Hyperlinking and ISP liability clarified by Supreme Court in Crookes case
- Impacts of Bill C-28 (the new anti-SPAM and anti-spyware legislation)
- Is Google News legal?
- Most popular intellectual property and technology law blogs
- My C-32 opening remarks
- My remarks to the Senate Committee studying Bill C-11
- New CASL regulations coming but will they fall short?
- Privacy law PIPA unconstitutional says Alberta CA in UFCW v Alberta
- Reflections on the new CRTC CASL regulations
- Rethinking FISA (Canada's Anti-SPAM law)
- So you want to protect computer programs by copyright, the Oracle v Google and SAS v WPL cases
- Social media, intellectual property and the workplace, is there a gap in the law?
- Some observations on Bill C-11: The Copyright Modernization Act
- The Supreme Court rules on copyright
- Understanding Flava Works v myVidster: does inline linking infringe copyright?
- Will it be illegal to recommend a dentist under Canada’s new anti-spam law (CASL)?
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- Representations, warranties and indemnities in IT transactions: Yesterday, Helen Aston and I spoke at IT.Can’s… bit.ly/16JEu5m 3 hours ago
- Does Australia’s Resale Royalty Scheme bring more recognition and income to struggling artists? buff.ly/12UWRq1 2 hours ago
- The Law of Internet Intermediaries: Meet the New Boss, Same as the Old Boss buff.ly/14Jx2XT 2 hours ago
- You Have No Control Over Security on the Feudal Internet – Bruce Schneier – Harvard Business Review buff.ly/11v038j 2 hours ago
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- Interesting Links
- 1709 Copyright Blog
- Canadian Privacy Law Blog
- CanLii
- Copyhype
- Copyright Alliance
- Copyright Board
- Copyright See-Saw (Dr. Ficsor)
- eLegal Canton
- Entertainment & Media Law Signal
- Fight Spam (Government of Canada)
- FOSS Patents
- FUTURE OF COPYRIGHT
- Groklaw
- Inforrm’s Blog
- Intellectual Property Blog
- Intellectual Property Watch
- Internet cases
- IP Osgoode
- IP Whiteboard
- IPBlog.ca
- IPKat
- johndegen.com
- Kluwer Copyright Blog
- Music • Technology • Policy
- Patently-O
- Plagiarism Totday
- Rebecca Tushnet’s 43(B)log
- Spicy IP
- Technology & Marketing Law Blog
- The Trichordist
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This site is published by Barry Sookman personally. It is not affiliated with McCarthy Tétrault or any of its clients. Full bio here. - Archives
