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Supreme Court of Canada

Short, Sweet and Stirring the Pot: Canada’s Copyright Board Holds Category 4 Copies are Fair Dealing

Short, Sweet and Stirring the Pot: Canada’s Copyright Board Holds Category 4 Copies are Fair Dealing

In a brief decision released September 19, the Copyright Board of Canada held that the Category 4 copies at issue in Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright) [Access Copyright] constituted fair dealing for the purposes of research and private study.

IP Osgoode and Osgoode PD host Joint Teleseminar on Copyright Pentalogy

IP Osgoode and Osgoode PD host Joint Teleseminar on Copyright Pentalogy

On September 13, 2012, IP Osgoode will be hosting a joint teleseminar with Osgoode Professional Development. The topic of the seminar will be the recent developments in copyright law as a result of Supreme Court rulings on 5 major copyright cases (known as the Copyright Pentalogy). For IP Osgoode coverage of the Copyright Pentalogy, see […]

Considering Canada’s Supreme Court Decisions in this week’s WIPO Proceedings

Considering Canada’s Supreme Court Decisions in this week’s WIPO Proceedings

As members of the international intellectual property community attend the 24th session of the Standing Committee on Copyright and Related Rights (SCCR), they are told to keep the spirit of Beijing alive, referring to the recently concluded Beijing Treaty on Audiovisual Performances. However, there is reason to keep another country’s spirit in mind as well. […]

Fairly Dealt: Strong Statement by the SCC in Alberta (Education) v. Access Copyright

Fairly Dealt: Strong Statement by the SCC in Alberta (Education) v. Access Copyright

One of the recent pentalogy of copyright decisions that has forever changed Canadian copyright law is Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37. The decision focused on the concept of fair dealing, and its application to photocopying books for educational purposes.

Rogers v. SOCAN: The SCC Streamlines its Stance on On-Demand Streaming

Rogers v. SOCAN: The SCC Streamlines its Stance on On-Demand Streaming

The much anticipated Supreme Court of Canada ruling in Rogers Communications Inc v Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 35 (Rogers v SOCAN), culminated with a unanimous Court holding that on-demand transmissions of music streams made available by online music services constitute communications “to the public”.  Consequently, the on-demand streaming of […]

ESAC v. SOCAN – Battle Lines Drawn in Copyright Pentalogy

ESAC v. SOCAN – Battle Lines Drawn in Copyright Pentalogy

Entertainment Software Association of Canada v SOCAN was one of two 5-4 split decisions of the copyright pentalogy decisions released on July 12. Online media and software producers and distributors won a major victory. The Supreme Court ruled that the “communication to the public by telecommunication” right does not apply to downloads of a musical […]

Not-so-Fair Dealing: How Access Copyright is Limiting Access to Copyrighted Materials

Not-so-Fair Dealing: How Access Copyright is Limiting Access to Copyrighted Materials

In light of the recent Quebec student protests (see here), and the support that the protests are gaining nationwide, one might suspect that there would be a general trend towards cheaper education in Canada. However, two recent cases suggest that while that may be the case in the U.S., the same may not be true […]