Reproduction Archives

Copyright law 2010 –the year in review in Canada and around the world

Here is a copy of the slides I used today at the Law Society of Upper Canada’s Intellectual Property Year in Review conference. The associated paper prepared in collaboration with Glen Bloom, and with the help of others, is available here.

My slides summarize the following copyright cases from Canada, Australia, UK, Ireland, Singapore, Europe and the USA:

Canada

Bell Canada v SOCAN (Tariff 22) 2010 FCA 220

Canadian Private Copying Collective v.…

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Federal Court of Appeal decides the Satellite Radio JRs

The Federal Court of Appeal released its reasons for decision in two judicial review applications from the Copyright Board’s decision released of April, 2009. Both JR applications were dismissed.

The decision contains several important copyright rulings. In particular:

When an entity provides a service for use with its own designed and manufactured devices e.g., a satellite radio service and radio receiving set, and the use of the device with the service will necessarily result in automatic copying of the content by the user, the provider of the service (in this case XM and Sirius), can be liable for the copying which occurs on the device under a theory of authorization.

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When do broadcasters reproduce works ? The Copyright Board clarifies the law in the Commercial Radio Tariff case

The Copyright Board released its reasons for decision in the Commercial Radio Tariff proceedings last week. The case involved many different parties and issues and resulted in the certification of a tariff that covers a gamut of music uses by broadcasters in the course of their operations.

In the course of giving reasons for its decision, the Board made a number of important statements about what constitutes a reproduction for the purposes of the Copyright Act. In particular, the Board canvassed the activities of broadcasters and examined which activities resulted in reproductions of musical works (and sound recordings) in the course of their broadcasting operations.…

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