Posts Tagged ‘technological neutrality’

CBC v SODRAC: my talk on technological neutrality and copyright

January 22nd, 2016

I had the pleasure of speaking yesterday at the Law Society of Upper Canada 20th Annual IP Law: The Year in Review. I spoke on the topic of Copyright and Technological Neutrality: CBC v SODRAC. My slides are shown below and can be downloaded here.

 

 

 

Technological neutrality, technological neutrality, technological neutrality: CBC v SODRAQ

November 27th, 2015

The Supreme Court released a landmark judgment yesterday in the closely watched case, Canadian Broadcasting Corp. v. SODRAC 2003 Inc., 2015 SCC 57. The 7-2 judgment of the Court was delivered by Rothstein J (with whom McLachlin C.J., Cromwell, Moldaver, Wagner, Gascon and Côté JJ agreed).

The judgment established the following principles.

Broadcast‑incidental copying engages the reproduction right. While balance between user and right‑holder interests and technological neutrality are important principles under Canadian copyright law, they are interpretive principles which do not trump, and cannot change, the express terms of the Act. The Court rejected the argument advanced by the CBC and CIPPIC, which intervened in the appeal, that the reproduction right should be interpreted in light of the principle of technological neutrality to apply only where the right would be consistent with the purposes of the Copyright Act.