Post Tagged with: "making available"

Federal Court Decision Raises Questions About Need for New Making Available Right

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.

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September 7, 2010 2 comments Must Reads

Copyright Lobby Groups Gear Up For Further Reforms

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 […]

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October 29, 2008 8 comments News

61 Reforms to C-61, Day 45: Making Available Right and Actual Distribution

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 […]

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August 22, 2008 13 comments News

Federal Court of Appeal Upholds Ringtone Decision

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." 

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January 10, 2008 1 comment News