Archive for January 10th, 2008

Federal Court of Appeal Kills iPod Levy

Howard Knopf reports that the Federal Court of Appeal took just 24 hours to render its decision in the iPod levy case, quashing the Copyright Board of Canada's decision to certify a tariff on iPods.  It was clear during yesterday's hearing that the court reacted favourably toward the argument that […]

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January 10, 2008 23 comments News

Trosow on Copyright

University of Western Ontario law prof Sam Trosow kicks off the creation of local Fair Copyright for Canada Facebook groups with talks in London and Montreal.  Details here.

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January 10, 2008 Comments are Disabled Must Reads

Fair Copyright for Canada Goes Local

The Fair Copyright for Canada Facebook group has attracted considerable media attention in recent weeks as its continued growth (over 37,000 members) and impact on the policy debate is a noteworthy part of the Canadian copyright reform story.  While the public concern over a Canadian DMCA likely contributed to the […]

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January 10, 2008 15 comments News

Fair Copyright for Canada Goes Local

The Fair Copyright for Canada Facebook group has attracted considerable media attention in recent weeks as its continued growth (over 37,000 members) and impact on the policy debate is a noteworthy part of the Canadian copyright reform story.  While the public concern over a Canadian DMCA likely contributed to the […]

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January 10, 2008 Comments are Disabled Stop CDMCA

Federal Court of Appeal Upholds Ringtone Decision

The Federal Court of Canada has issued its decision (not yet online) in the judicial review of the Copyright Board of Canada's ringtone decision.  The court upheld the decision, marking a big win for SOCAN and a loss for the wireless providers (CWTA, Bell Mobility, Telus) who challenged the Board's decision.  The court addressed two primary issues – first, whether the transmission of a ringtone to a cellphone is a "communication" under the Copyright Act and second, whether it is a "communication to the public."  While the wireless carriers argued that a communication must only include a transmission that is intended to be heard simultaneously or immediately upon transmission, the court disagreed, ruling that "the wireless transmission of a musical ringtone to a cellphone is a communication, whether the owner of the cellphone accesses it immediately in order to hear the music, or at some later time."

The potentially more important line of reasoning involves whether the transmission of the ringtone is a "communication to the public." 

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January 10, 2008 1 comment News