Downloading video games from the Internet, which games
incorporate musical works where a royalty had already been paid for
reproduction of the video game
It is not a "communication to the public" of the work
so as to attract an additional "communication" tariff
charge. "The Internet is simply a technological taxi that
delivers a durable copy of the same work to the end user."
Rothstein J. (McLachlin C.J., LeBel, Deschamps, Fish, Cromwell,
Moldaver and Karakatsanis JJ/Abella (on standard of review
only)
Providing streaming of musical works from an online music
service
As in ESAC v. SOCAN, downloads aren't
"communications." Transmission of a single copy of a work
to a single individual isn't "communication to the
public" but a business of repeated transmission of the same
work to different recipients is and attracts a tariff charge.
Providing previews of music (such as iTunes' 30-90 second
excerpts before purchasing a song)
This is "fair dealing." It's "research"
for the consumer to decide what to buy (research needn't be for
creative purposes only). It's "fair" in that it is
not a permanent copy (streamed and deleted) and the quantum of a
few seconds is modest compared to the whole work. It's
reasonably necessary research that helps make sales.
Abella (McLachlin C.J., LeBel, , Moldaver & Karakatsanis
JJ)/Rothstein J. (Deschamps, Fish & Cromwell JJ.)
Reproduction of copyrighted works in elementary and secondary
schools by teachers for the use of students
Remitted to the Copyright Board for reconsideration. The
photocopying was for the allowable purpose of research or private
study. The "purpose" was for both instructing by the
teacher and for "private study" by each student.
Is the soundtrack to a movie a "sound recording"
subject to public performance royalties when played in movie
theatres or television services?
By definition, a pre-existing sound recording that is part of a
soundtrack cannot be the subject of a tariff when the soundtrack
accompanies the cinematographic work.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Specific Questions relating to this article should be addressed directly to the author.
The recent decision in Overstock v. New York Taxation and Finance paved the way for an interesting conclusion on the taxing power of New York State - and by extension, the sales tax that may be applied to many online sales, including sales by Canadian online business into the US market.
On October 9, 2012, six retailers, BEST BUY, COSTCO, GAP, OLD NAVY, GUESS? and WAL-MART, filed a motion in the Superior Court of Québec seeking a declaratory judgement against the "Office québécoise de la langue française".
The Canadian Intellectual Property Office has recently released two practice notices providing guidance for the construction of claims and the examination of computer related inventions.
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