Day: December 16, 2010

Federal Court of Appeal decides the Satellite Radio JRsFederal Court of Appeal decides the Satellite Radio JRs



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.

Liberals announce proposals to amend Bill C-32Liberals announce proposals to amend Bill C-32



The Liberal Party announced today a proposal to amend Bill C-32.

It intends to introduce a new Private Copying Compensation Payment of $35 million to be transferred to Canadian artists each year through the CPCC.

The Liberal Party also announced it intends to amend C-32 in order to:

“Restrict the education exemption by clearly defining “education” and inserting a clear and strict test for “fair” use for education purposes;

Re-insert the right of ephemeral recordings;

Restrict and tighten the language for “mash-ups”;

Remove the arbitrary 1988 statute on public expositions;
Introduce a new resale right on art, similar to European laws;

Ensure the rights of Canadian photographers are comparable to those shared by photographers around the world; and

Address the overly-restrictive digital lock provisions for personal uses.”

Computer and Internet Law Updates for 2010-12-16Computer and Internet Law Updates for 2010-12-16