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SOCAN v ESA: Royalties in the Age of Streaming

A Win for Users’ Rights: Supreme Court Finds Access Copyright Tariff Not Mandatory and End-User Perspective Must be Considered in Fair Dealing Analyses

IP Year in Review 2017 - A Year of Promises Made, Kept, and Abandoned

This past year marks a year where the Government of Canada engaged more than ever on the IP front. The Government of Canada’s announcement of a National IP Strategy was welcome news for those interested in leveraging Canada’s intangible capital. As I noted on The Agenda with Steve Paikin, it was a “hallelujah” moment for […]

Tariffbusters: Does the CBC v SODRAC decision debunk the "Mandatory Tariff Theory

Introduction to the panel After two exciting and lively debates on the principle of technological neutrality (see Sebastian Beck-Watt’s coverage here) and reproduction rights (see Paul Blizzard’s coverage here), IP Osgoode’s Unpack SODRAC symposium turned to a new panel to ‘unpack’ the paragraphs of CBC v SODRAC [SODRAC] concerning the mandatory (or not) nature of tariffs […]

Shifting technological neutrality into reverse: UNPACK SODRAC

Should all copies be treated the same way for the purposes of Copyright? If the CBC’s internal content management system creates incidental copies of audio works during the creation or broadcast of a television program or movie, does it enage the owner's Copyright under s 3(1)(d) of the Copyright Act [the "Act"]? What incentives do Canada’s […]

TIPG Copyright and Technological Neutrality Event: Ghostbusting with Professor Giuseppina D'Agostino, Christine Pallotta and Richard Pfohl

On the heels of oral arguments heard before the Supreme Court of Canada (SCC) in CBC v SODRAC, the Toronto Intellectual Property Group hosted a fascinating event centered on the principle of technological neutrality from ESA v SOCAN, and how it might be interpreted by the SCC when the case is decided.

CBC v SODRAC Episode III: Oral Arguments Heard at the SCC

On March 16th, the Supreme Court of Canada (SCC) heard oral arguments in CBC v SODRAC . The SCC granted leave to appeal from the Federal Court of Appeal (FCA) decision back in September, which originally stemmed from a 2012 Copyright Board (the “Board”) decision. The issue centers on whether broadcasters should be required to pay […]

IP Osgoode Speaks Series featuring Justice Marshall Rothstein - Generalist Judges, Technical Expertise, and the Standard of Review

On November 24th, 2014, the IP Osgoode Speaks Series concluded a busy term with the visit of the Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada, to discuss the nexus between specialist technical expertise and the generalism of judges of courts of appeal, as well as comment on the peculiar direction for […]

Promises That Can Kill: An Update

Under the Patent Act, an invention must be useful to be patentable. While in Canada the inventor does not need to describe the utility of the invention in the patent, where the patent makes a promise of utility, utility is measured against that promise. If the inventor does not make an explicit promise of a […]

Users’ Rights and Realities: CCH, Fair Dealing, and the Experiences at Canadian Cultural Institutions

Recent research is shining a new light onto the Supreme Court of Canada’s (SCC) decision that is said to have “reconceptualized” fair dealing as an integral part of copyright law in Canada (Craig, p. 449). During a 29 September 2014 lecture in the IPOsgoode Speaks Series, Dr. Emily Hudson, the Career Development Fellow in Intellectual Property Law at the Oxford […]