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: "making available"
With the government set to unveil its new cabinet tomorrow, a copyright reform bill will be back on the agenda. While copyright will presumably take a back seat to more pressing economic concerns, the campaign promise to reintroduce a bill means that the issue will not disappear. User groups were […]
Bill C-61 unsurprisingly includes a new "making available" provision that grants performers and sound recording makers the exclusive right to make their works available. Two provisions establish the making available right in the bill (similar rights are already granted to authors and composers). Section 15 (1.1)(d) provides that a performer's […]
The Federal Court of Canada has issued its decision
(not yet online) in the judicial review of the Copyright Board of Canada's ringtone decision. The court upheld the decision, marking a big win for SOCAN and a loss for the wireless providers (CWTA, Bell Mobility, Telus) who challenged the Board's decision. The court addressed two primary issues – first, whether the transmission of a ringtone to a cellphone is a "communication" under the Copyright Act and second, whether it is a "communication to the public." While the wireless carriers argued that a communication must only include a transmission that is intended to be heard simultaneously or immediately upon transmission, the court disagreed, ruling that "the wireless transmission of a musical ringtone to a cellphone is a communication, whether the owner of the cellphone accesses it immediately in order to hear the music, or at some later time."
The potentially more important line of reasoning involves whether the transmission of the ringtone is a "communication to the public."