Tariffbusters: Does the CBC v SODRAC decision debunk the "Mandatory Tariff Theory

Introduction to the panel After two exciting and lively debates on the principle of technological neutrality (see Sebastian Beck-Watt’s coverage here) and reproduction rights (see Paul Blizzard’s coverage here), IP Osgoode’s Unpack SODRAC symposium turned to a new panel to ‘unpack’ the paragraphs of CBC v SODRAC [SODRAC] concerning the mandatory (or not) nature of tariffs […]

‘United We Play’ or ‘United We Sue Away’? The Copyrightability of Sports Moves

With the Pan Am and Parapan Am Games (the “Games”) upon us, IP enthusiasts are eagerly debating the issues surrounding the Games with respect to – well, IP law. One of the many debates permeating conversations is whether athletes can protect sports moves as intellectual property. For example, can a swimmer copyright a secret way of pulling their arms through water? […]

Has the Copyright Board Taken a Substantial Position on Substantial Parts?

What does it mean to be “substantial”? No, this is not the kind of question that requires a long reflective look in the mirror (unless that’s your thing...I’m more of the “stare into a sunset pensively” type), but it is the kind of question the Copyright Board recently tried to answer in its May 23rd decision: Access […]

IP Osgoode Speaker Series: The Honourable Mr. Justice Marshall Rothstein – Reflections on the Supreme Court of Canada 2012 Copyright Decisions

On November 27th, 2012, IP Osgoode was pleased to welcome The Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada to share his thoughts with respect to the 5 important copyright cases (known as the “Copyright Pentalogy”) that he took part in deciding earlier this year.

Re:Sound v. MPTAC: SCC Upholds Copyright Board's Decision

On July 12, 2012, in a unanimous 9-0 decision, the Supreme Court of Canada dismissed the appeal launched by Re:Sound, rejecting an application for Tariffs on soundtracks accompanying cinematographic works. The SCC held that a sound recording accompanied by a video is precluded from collecting the s.19 remuneration right.

‘Ringtone’ Tariff Appeal Refused by SCC

Last month, the SCC refused leave to appeal from the FCA’s decision in Canadian Wireless Telecommunications Association v. SOCAN.  The FCA had undertaken the judicial review of a tariff decision by the Copyright Board. The tariff covered the communication of musical works, in the form of cell phone ringtones, from suppliers to subscribers. At issue […]