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?
Re:Sound v Motion Picture Theatre Associations of Canada, 2012
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
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A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
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