Howard Knopf posts on new decisions from the Federal Court of Appeal which suggest that there is effectively a making available right in the case of musical works in Canadian copyright law and no need for further reform on the issue.
Post Tagged with: "Federal Court"
Federal Court Rules Internet Providers Not Broadcasters
Last year, the Canadian Radio-television and Telecommunications Commission released its new media decision, which addressed the prospect of increased CRTC regulation of Internet activities. After days of hearings and thousands of pages of submissions, the Commission side-stepped the pressure to "do something," maintaining a hands-off approach and punting the most contentious issue – the prospect of a new levy on Internet providers to fund Canadian content – to the courts.
The Internet levy proposal received strong support from several Canadian creator groups, who argued that given the video content streamed online, ISPs should be viewed as broadcasters within the Broadcasting Act. By treating ISPs as the equivalent of conventional broadcasters, they would be required to contribute to the Act’s policy objectives, which include promotion and support for Canadian content. The ISPs unsurprisingly opposed the proposal, maintaining that they are mere conduits in the transmission of video content. They argued the levy proposal was illegal since they are regulated under the Telecommunications Act as telecom companies, not broadcasters.
My weekly technology law column (Toronto Star version, homepage version) notes the two sides faced off at the Federal Court of Appeal earlier this year and last week a unanimous court sided with the ISPs, ruling that providing access to broadcasting is not the same as broadcasting. It concluded that so long as ISPs maintain a content-neutral approach, they fall outside of the Broadcasting Act and should not be expected to play a role in promoting the policies found in the legislation.
Federal Court of Appeal Rules ISPs Not Broadcasters: May Be End of ISP Levy Proposal
The Federal Court of Appeal sided with the ISPs, ruling that providing access to broadcasting is not the same as broadcasting. So long as ISPs maintain a content-neutral approach, they fall outside of the Broadcasting Act and should not be expected to play a role in promoting the policies found in the legislation. The case is a huge win for the ISPs and – subject to an appeal to the Supreme Court of Canada or a legislative change – puts an end to the ISP levy proposal. The case is also noteworthy from a net neutrality perspective, since the court emphasized that ISPs fall outside the Broadcasting Act so long as they remain content-neutral. Should ISPs play a more active role, their ability to rely on the broadcast/transmission distinction would be lost.
Federal Court Orders eBay To Disclose Power Sellers to CRA
The Globe and Mail reports that the Canada Revenue Agency has won a federal court order requiring eBay Canada to turn over the names, addresses, phone numbers and e-mail addresses of all high-volume sellers on the popular website. The CRA wants to find out whether those individuals or companies are […]
Federal Court to Examine Workplace Privacy Issue
The Globe and Mail reports on the use of surveillance technologies in the workplace and an upcoming federal court case that will examine a privacy law finding involving the use of video surveillance in a railway yard. The case comes on the heels of the release yesterday of two additional […]
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