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On December 6 and 7, 2011, the Supreme Court of Canada heard
five different copyright cases. All five decisions were rendered
today. In a nutshell, the rulings are as follows:
Entertainment Software Association v Society of Composers,
Authors and Music Publishers of Canada, 2012 SCC 34
Q. Is the musical work embodied in a video game
"communicated to the public by telecommunication" within
the meaning of para 3(1)(f) of the Copyright Act when that video
game is transmitted to an individual for download?
Rogers Communications Inc v Society of Composers, Authors and
Music Publishers of Canada, 2012 SCC 35
Q. Is the transmission by download or stream of
a musical work to an individual a "communication to the public
by telecommunication" of that work within the meaning of para
3(1)(f) of the Copyright Act?
Society of Composers, Authors and Music Publishers of Canada v
Bell Canada, 2012 SCC 36
Q. Does the providing of 30-second previews of
musical works to consumers of online music services constitute fair
dealing for the purpose of research within the meaning of s. 29 of
the Copyright Act?
Alberta (Education) v Canadian Copyright Licensing Agency
(Access Copyright), 2012 SCC 37
Q. Does the photocopying by teachers of book
excerpts for use in classroom instruction constitute fair dealing
under the Copyright Act?
A. The Copyright Board's conclusion that
the dealing is not fair was based on a misapplication of the test.
The matter is referred back to the Copyright Board for
reconsideration.
Re:Sound v Motion Picture Theatre Associations of Canada, 2012
SCC 38
Q. Are performers and makers of sound
recordings entitled to equitable remuneration under s. 19 of the
Copyright Act when the recorded musical performances are played in
theaters or on televaision as part of the soundtrack of a movie or
television program?
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Canada, China And Copyright Law (Presentation)
