Post Tagged with: "SCC"

Interview Discussing Spencer Ruling: No More Voluntary Disclosure

I talked to Rob Breakenridge on his show on News Talk 770 to about the Supreme Court of Canada’s landmark ruling in Spencer where it eviscerated voluntary disclosure of internet subscriber data.

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June 13, 2014 Comments are Disabled News Interviews, Tv / Radio

Supreme Court of Canada To Hear Appeal of Warrantless Cellphone Search Case

The Supreme Court of Canada has granted leave to appeal in the Fearon case, which involved an Ontario Court of Appeal decision permitting a police search of a cellphone that was not password protected or locked during the course of an arrest. I referenced the case in a brief post […]

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July 15, 2013 Comments are Disabled Must Reads
The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright

The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright

Copyright cases typically only reach the Supreme Court of Canada once every few years, ensuring that each case is carefully parsed and analyzed. As readers of this blog know, on July 12, 2012, the Supreme Court issued rulings on five copyright cases in a single day, an unprecedented tally that shook the very foundations of copyright law in Canada.  In fact, with the decisions coming just weeks after the Canadian government passed long-awaited copyright reform legislation, Canadian copyright law experienced a seismic shift that will take years to sort out.

I am delighted to report that this week the University of Ottawa Press published The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law, an effort by many of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The book is available for purchase and is also available as a free download under a Creative Commons licence. The book can be downloaded in its entirety or each of the 14 chapters can be downloaded individually. This is the first of a new collection from the UOP on law, technology and society (I am pleased to serve as the collection editor) that will be part of the UOP’s open access collection.

This book features fourteen articles on copyright written by independent scholars from coast to coast. The diversity of contributors provides a rich view the copyright pentalogy, with analysis of the standard of review of copyright decisions, fair dealing, technological neutrality, the scope of copyright law, and the implications of the decisions for copyright collective management.

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May 2, 2013 12 comments Books, Chapters, News

Supreme Court To Hear Case Challenging Constitutionality of Privacy Law

The Supreme Court of Canada yesterday granted leave for what could be the most important privacy case in years as it addresses “whether the Personal Information Protection Act [Alberta’s private sector privacy law] is contrary to s.2(b) of the Charter and if so, whether it constitutes a reasonable limit in […]

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October 26, 2012 1 comment Must Reads

The Supreme Court of Canada Speaks: How To Assess Fair Dealing for Education

With the start of the school year less than two weeks away, the Canadian education community is increasingly thinking about copyright and the implications of Bill C-11 and the Supreme Court of Canada’s five copyright decisions. While Access Copyright argues that little has changed (in recent correspondence to the Copyright Board it even objected to a six-month delay in formulating a school survey on copying practices to fully account for Bill C-11 and the decisions), most recognize that the law has undergone a dramatic change that confirms significant flexibilities for educational uses.

I’ve posted several pieces on these issues (fair use in Canada, technological neutrality, impact on Access Copyright), but given the ongoing efforts to mislead and downplay the implications of the decisions, this long post pulls together the Supreme Court’s own language on how to assess fair dealing. The quotes come directly from the three major fair dealing decisions: CCH Canadian, Access Copyright, and SOCAN v. Bell Canada.

Note that this post is limited to the Court’s decisions and does not focus on the changes in Bill C-11. The legislative reforms provide additional support for education as they include the expansion of fair dealing to include education as a purposes category, a cap of $5000 on statutory damages for all non-commercial infringement, a non-commercial user generated content provision, an education exception for publicly available on the Internet, a new exception for public performances in schools, and a technology-neutral approach for the reproduction of materials for display purposes that may apply both offline and online.

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August 22, 2012 5 comments News