Post Tagged with: "making available"

Delegates at the Opening of the WIPO Assemblies by WIPO. Photo: Violaine Martin. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 IGO License. https://flic.kr/p/Z1PKfE

The Law Bytes Podcast, Episode 136: Jeremy de Beer on SOCAN v. ESA, the Supreme Court’s Latest Endorsement of Copyright Balance and Technological Neutrality

The Supreme Court of Canada’s latest copyright decision – SOCAN v. Entertainment Software Association – affirms yet again that technological neutrality is a foundational element of the law and notably emphasizes that “copyright law does not exist solely for the benefit of authors.” My colleague Jeremy de Beer was an active participant in the case, writing an expert opinion during the Copyright Board phase of the case which reflects the approach that the court ultimately adopted. He joins the Law Bytes podcast to discuss the evolution of music distribution online, this latest case and the court’s commitment to copyright balance, as well as what might come next in the seemingly never-ending battle over Canadian copyright law.

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July 25, 2022 1 comment Podcasts
copyright intro by CALI https://flic.kr/p/amFb24 (CC BY-NC-SA 2.0)

Supreme Court of Canada on Copyright: “Copyright Law Does Not Exist Solely for the Benefit of Authors”

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.

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July 20, 2022 7 comments News

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 News

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