The Canadian Supreme Court issued the long-awaited Tariff 22 decision this morning. The court allowed the appeal, overturning a Federal Court decision to impose liability on ISPs for caching of content. The case also has a key jurisdictional element as the court ruled that there may be liability under Canadian copyright law at both the country where the music was transmitted as well as where it was received. The bottom line — the ISPs are big winners as they have had their position as an intermediary strongly affirmed by the court. When combined with another Supreme Court decision from earlier this year (CCH), the Canadian Supreme Court has made it very clear that ISPs should not be held responsible for copyright holders claims of infringement where they act as conduits for the transmission of data. There are three other key elements to the case. First, the court addresses the issue of Internet jurisdiction and rightly concludes that Canadian law may extend outside the country in certain circumstances. Second, it raises the prospect for a notice and takedown system, suggesting that the government should consider establishing rules around this issue. Third, one judge dives into the peer-to-peer file sharing case, expressing significant concern over the prospect for monitoring end users downloading habits and cautioning that copyright law should be interpreted with full respect for privacy rights. see: CAIP v. SOCAN also see: ISPs Free From Paying Royalties for Downloads
Supreme Court Issues Tariff 22 Decision
June 30, 2004
Tags: supreme court / Tariff 22Copyright Microsite - Music IndustryCopyright ColumnsCopyright Microsite - Canadian Copyright
Share this post

Law Bytes
Episode 232: What Will Canadian Digital Policy Look Like Under the New Liberal Carney Government?
byMichael Geist

May 5, 2025
Michael Geist
March 31, 2025
Michael Geist
March 24, 2025
Michael Geist
March 10, 2025
Michael Geist
Search Results placeholder
Recent Posts
When the Drumbeat of Intolerance Becomes Too Loud to Ignore: Reflections on Campus Antisemitism, Academic Freedom and My Global Technology Law Exchange Course
Solomon’s Choice: Charting the Future of AI Policy in Canada
The Law Bytes Podcast, Episode 232: What Will Canadian Digital Policy Look Like Under the New Liberal Carney Government?
The Law Bytes Podcast, Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards
The Law Bytes Podcast, Episode 230: Aengus Bridgman on the 2025 Federal Election, Social Media Platforms, and Misinformation