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
What If the U.S. Demanded This? The Cloud Provider Conditions Behind Canada’s EU Digital Pivot
Ontario is Done Waiting for Universities to Act on Campus Antisemitism
Is Compromise on Encryption Possible? Why Bill C-22’s “Minor Opening” Leaves the Central Question Unanswered
The Wrong Target: Why the CBC Should Be Asking About the Yom Kippur Protesters, Not the Journalist Who Reported on Them
Buried in Bill C-39: The Enabling Digital Trade Act Brings Canada Its First Federal Electronic Trade Documents Law

