For much of the past two decades, copyright groups have steadfastly sought to deny what the Supreme Court of Canada has repeatedly endorsed, namely that the purpose of Canadian copyright law is to serve the public interest by balancing users’ and authors’ rights. Last week provided the latest episode in the ongoing series as the Court delivered yet another strong affirmation on the importance of copyright balance and the role of technological neutrality, confirming that “[c]opyright law does not exist solely for the benefit of authors.” The decision – SOCAN v. Entertainment Software Association – can read on at least four levels: (1) as a repudiation of SOCAN’s effort to establish a new, additional royalty for the “making available” of music; (2) as a confirmation of the importance of technological neutrality and copyright balance; (3) as an example of the flexibility associated with implementing the WIPO Internet treaties, and (4) as the undeniable entrenchment of Canadian copyright jurisprudence that now features deeply layered precedents on users’ rights.
Archive for July 20th, 2022

Law Bytes
Episode 278: Ben Waldman on Gander Social and the Challenges of Building a Sovereign Social Network
byMichael Geist

August 10, 2026
Michael Geist
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Michael Geist on Substack
Recent Posts
Unleashing the Trolls: Ontario Court Opens the Door to Liability for Influencers Who Weaponize Their Audiences
Why Ottawa Will Likely Join the U.S. in Opposing the Quebec Online Streaming Law at the Centre of the Trade Battle
Online Harms’ Forgotten Generation: Why the Government Needs to Pay Attention to Protecting Seniors
Culture Off the Table? What the Collapsed Canada-U.S. Trade Talks Reveal About the Carney Government’s Cultural Policy
Digital Trade Alignment: What May Be in Play in the Canada-U.S. Trade Deal

