In the summer of 2012, the Supreme Court of Canada created history by simultaneously releasing five copyright judgments: Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada [ESA], Rogers Communications Inc. v Society of Composers, Authors and Music Publishers of Canada [Rogers], Society of Composers, Authors and Music Publishers of Canada […]
Bill C-11 provides for a new exception to infringement for user-generated content (UGC), along with new grounds for fair dealing. These provisions, combined with a strong and clear message from the Supreme Court of Canada’s pentalogy of copyright cases regarding users’ rights and the copyright balance, signal a new paradigm for copyright law in Canada—one […]
The Internet Taxi: Collective Management of Copyright and the Making Available Right, after the Pentalogy
Just after the adoption of Bill C-11, the Supreme Court of Canada handed down five decisions, which are now referred to as the “pentalogy”, to follow the heretofore famous trilogy. The pentalogy, like its three-legged predecessor, marked a significant shift in Canadian copyright policy. The five cases dealt in one form or another with collective […]
In the realm of law, neutrality is widely hailed as a fundamental principle of fairness, justice and equity; it is also, however, widely criticized as a myth that too often obscures the inevitable reality of perspective, interest or agenda. It should come as little surprise, then, that the principle of technological neutrality, recently employed by […]
In the 2012 Supreme Court of Canada copyright cases, the Court found an opportunity to redefine the law of fair dealing in Canada. While the Court acknowledged that fair dealing is a question of fact, and thereby properly adjudicated by triers of fact like the Copyright Board of Canada, the Court stepped in to revisit […]
New Book - The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law
In the summer of 2012, the Supreme Court of Canada issued a series of rulings in five major copyright cases (referred to as the “copyright pentalogy”). A new book has just been released that examines the possible long-term impact of these decisions.