Archive for July 23rd, 2012

How the Supreme Court of Canada Doubled Down on Users’ Rights in Copyright

I’ve posted several pieces on the recent Supreme Court of Canada copyright decisions, including an immediate overview, a piece on why Canada has shifted to fair use, an analysis of the inclusion of a technological neutrality principle, a discussion on the implication for Access Copyright, and a high level look at the key issues. This final post in the series tries to provide a broader context for what just occurred as the decisions mark the culmination of a ten year transformation of copyright at Canada’s highest court. Over the years, many have expressed doubts about this transformation, yet these five cases should put to rest the debate over whether a balanced analysis of the Copyright Act that prioritizes both creator and user rights has been entrenched in Canadian copyright law.

The shift began in 2002 with the Theberge decision, in which Justice Binnie for the majority discussed the copyright balance:

Read more ›

July 23, 2012 6 comments News

Copyright Board Begins to Life After Supreme Court Rulings

Barry Sookman reports that the Copyright Board of Canada has issued an order to parties in the satellite radio services case to address the implications of the recent Supreme Court of Canada copyright decisions. It notes that “given the reasons of the majority in Alberta (Education) v. Canadian Copyright Licensing […]

Read more ›

July 23, 2012 2 comments Must Reads

USTR Launches Consultation on Canada’s Entry to TPP

The USTR has launched a public consultation on Canada’s proposed entry to the Trans Pacific Partnership talks.The deadline for comments is September 4, 2012. A hearing is scheduled for September 24, 2012.

Read more ›

July 23, 2012 Comments are Disabled Must Reads