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 […]

The Fivefecta: Canada’s Supreme Court Releases 5 Significant Copyright Decisions

Without a background in horse racing, I feel comfortable expressing today as a “Fivefecta”. Since Monday’s announcement that the Supreme Court of Canada (“SCC”) would release judgments in five critically important copyright appeals heard on December 6 and 7, 2011, there has been a growing excitement in the Copyright community. The decisions from these appeals, […]

Trade Secrets, Transparency, and Temporality

Access to information is generally important in a free and democratic society. It’s particularly important in the context of regulating drugs, medical devices, and other products. In Merck Frosst Canada Ltd. v. Canada (Health), the Supreme Court of Canada affirmed Health Canada’s decision to disclose certain information about Merck’s asthma medication Singulair®. The Court rejected […]

Supreme Court of Canada Considers "Broadcasting Undertakings" in ACTRA v. Bell

Daniel Dawalibi is an articling student at McCarthy Tétrault LLP.  The firm acted for the Appellant in this hearing before the Supreme Court of Canada. On January 16, 2011, the Supreme Court heard an appeal in the case of Alliance of Canadian Cinema, Television & Radio Artists, et al. v. Bell Aliant Regional Communications, LP, […]

"Communication To The Public" Also Hot-Button Issue Across the Pond

Ben Farrow is a JD candidate at Osgoode Hall Law School. As previously reported by the IPilogue here, the Supreme Court of Canada is not the only national court grappling with the term “communication to the public”. Similar to two of the internet copyright cases heard by the Supreme Court of Canada earlier this month […]