Tag: Supreme Court of Canada

Privacy protects anonymity in cyberbulling case says Supreme CourtPrivacy protects anonymity in cyberbulling case says Supreme Court



The Supreme Court released its reasons in the A.B. v. Bragg Communications Inc., 2012 SCC 46 case yesterday. The main issue in the case was whether the privacy interests of a child to keep her identity anonymous in legal proceedings outweighed the open court principle.

The case arose from a 15-year-old girl finding out that someone had posted a Facebook profile using her picture, a slightly modified version of her name, and other particulars identifying her. Accompanying the picture was some unflattering commentary about the girl’s appearance along with sexually explicit references.

Even more on Access Copyright and the Supreme Court: eviscerated or not?Even more on Access Copyright and the Supreme Court: eviscerated or not?



My mother warned me to be suspicious when people give gratuitous compliments. So, I read with some suspicion the recent blog post by Ariel Katz, who responded to my post Did the Supreme Court eviscerate Access Copyright’s business model? A reply to Michael Geist, generously calling me a “well experienced lawyer” and a “smart well-trained lawyer”.[[1]]

In that post I argued that Michael Geist’s claim that the Supreme Court’s decision eviscerated Access Copyright’s business model did not stand up to scrutiny.

Did the Supreme Court eviscerate Access Copyright’s business model? A reply to Michael GeistDid the Supreme Court eviscerate Access Copyright’s business model? A reply to Michael Geist



Michael Geist in a series of recent blog posts claims that the decisions of the Supreme Court in the SOCAN v. Bell Canada, 2012 SCC 36 (SOCAN v Bell) and Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37 (Access Copyright) cases eviscerated Access Copyright’s business model.[1] He asserts that the cases make all copying that would be subject to a license from Access Copyright fair dealings. Moreover, he claims that publishers would not suffer significant economic harm if all copying permitted under Access Copyright licenses or model licenses were fair dealings and no educational institution, whether elementary, secondary, or post-secondary, paid a penny for all such uses.

Did the Supreme Court supplant the market for Access Copyright licenses?Did the Supreme Court supplant the market for Access Copyright licenses?



Just over two weeks ago, the Supreme Court released its opinion in the Alberta (Education) v. Canadian Copyright Licensing Agency, 2012 SCC 37 (Access Copyright) fair dealing case. In that proceeding, the Copyright Board examined whether copying of short extracts of works for classroom teaching purposes was a fair dealing.* The Board and the Federal Court of Appeal found it was not. The Supreme Court allowed the appeal and remitted the matter to the Board to reconsider its decision in accordance with the Court’s construction of the fair dealing factors.

Supreme Court of Canada to release reasons in five copyright casesSupreme Court of Canada to release reasons in five copyright cases



The copyright bar has been eagerly awaiting the release of the decisions of the Supreme Court of Canada in the five copyright appeals which were heard on December 6 and 7, 2011. The Court announced earlier today that the decisions will be released this Thursday, July 12, 2012.

The Court published case summaries.  I also summarized the main issues in the appeals here.  The webcasts of the arguments can also be accessed here.