Tag: Copyright

copyright update

Copyright Potpourri 2020-2021: my ALAI Canada presentationCopyright Potpourri 2020-2021: my ALAI Canada presentation



I had the pleasure of speaking earlier today at an ALAI Canada meeting to give a copyright law update for 2020-2021. The title of my talk was Copyright Potpourri. The cases canvassed were:

York University v. Canadian Copyright Licensing Agency, 2020 FCA 77

York University, et al. v. Canadian Copyright Licensing Agency, SCC Docket 39222

Bell Media Inc. v. GoldTV.Biz, 2019 FC 1432

TEKSAVVY SOLUTIONS INC. v. BELL MEDIA INC., ET AL Appeal (Copyright Act, FCA A-440-19

Entertainment Software Assoc.

Copyright Board making available right decision released  Copyright Board making available right decision released  



The Copyright Board just released its long awaited decision on the scope of the making available right under the Copyright Act. In a well reasoned and thorough decision, the Board ruled that the MAR right applies to the making available of both streams and downloads, acts that have to be exclusive rights in order for Canada to meet its international treaty obligations under the WCT and WPPT.

The Board summarized its reasons as follows:

As will be made clear from the reasons that follow, subsection 2.4(1.1) of the Act deems the act of placing a work or other subject-matter on a server of a telecommunication network in a way that a request from a member of the public triggers the transmission of that work or subject matter, including in the form of a stream or download, whether or not such a request ever takes place, to be a communication to the public by telecommunication.

Norwich orders: who pays under the notice and notice regime? Voltage v DoeNorwich orders: who pays under the notice and notice regime? Voltage v Doe



ISP are often ordered to disclose subscriber information to copyright holders seeking to vindicate their rights. Prior to the Copyright Modernization Act, ISPs were entitled to be paid reasonable compensation for compiling and disclosing the information. In an important ruling yesterday in Voltage Pictures, LLC v Joe Doe #1 2017 FCA 97, the Federal Court of Appeal ruled that the notice and notice regime established under the CMA changed the law. According to the Court, ISPs are now expected to retain and verify subscriber information without payment of any fees.…

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



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.…

Robert Thomson’s keynote address on the distributionistsRobert Thomson’s keynote address on the distributionists



Last month, Robert Thomson, the CEO of News Corp., gave a keynote address at the 2015 Lowy Institute Media Awards dinner.

He spent a good part of that speech addressing challenges to the creative industries, and to  media companies in particular, posed by powerful distribution channels – what he labels “distributionists” – such as Google.

None of them actually create content, and they certainly have little intention of paying for it, but they do redistribute the content created by others – they would argue that such redistribution is a natural extension of their role as social networks.

Copyright term extension

Term extension and respect for artists: a reply to Michael GeistTerm extension and respect for artists: a reply to Michael Geist



On Wednesday, the government announced an extension of the term of protection for performers and makers of sound recordings, increasing the term from 50 years to 70 years. The announcement was widely applauded by Canadian artists, such as Randy Bachman, Bruce Cockburn, Leonard Cohen, Cowboy Junkies, Jim Cuddy (Blue Rodeo), Kardinal Offishall, Serena Ryder, Tom Cochrane, Gordon Lightfoot, Loreena McKennitt, and Triumph, and by organizations representing artists and makers of sound recordings, including the Canadian Independent Music Association (CIMA), Music Canada, and the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA).…

Copyright term extension

Canada to extend copyright term for artists and record producersCanada to extend copyright term for artists and record producers



The Canadian Government announced today that it is amending the Copyright Act to extend the term of protection for performers and makers of sound recordings from its current term of 50 years to 70 years. The announcement, which also included a statement that Canada intends to accede to the Marrakesh Treaty for the blind and visually impaired, was made as part of the Government’s Budget and is expected to be enacted as part of a budget implementation bill to be tabled in Parliament within the next few days.…

Canada to accede to Marrakesh Treaty and extend copyright term in sound recordingsCanada to accede to Marrakesh Treaty and extend copyright term in sound recordings



The Canadian Government announced today that it is making amendments to the Copyright Act to enable Canada to accede to the Marrakesh Treaty and to extend the term of copyright protection for performers and makers of sound recordings from 50 to 70 years. The announcement was made as part of the Government’s Budget and is expected to be enacted as part of a budget implementation bill to be tabled in Parliament within the next few days.

The Budget described the Government’s intentions in relation to the Marrakesh Treaty as follows:

The Government will propose amendments to the Copyright Act to implement and accede to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.

Jurisdiction simpliciter in copyright cases: Geophysical Service v Arcis Seismic SolutionsJurisdiction simpliciter in copyright cases: Geophysical Service v Arcis Seismic Solutions



In Club Resorts Ltd. v Van Breda, 2012 SCC 17, the Supreme Court clarified the rules for when a Canadian court can assume jurisdiction over a claim against a party located outside the jurisdiction. Specifically, it clarified the rules for applying the real and substantial test to determining if there is a sufficient connection between the subject matter of the action and the jurisdiction for  determining jurisdiction simpliciter. The Van Breda case did not, however, address how that test would apply to cases involving infringement of copyright.…