The Copyright Pentalogy
How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law
Publication Year: 2013
Published by: University of Ottawa Press
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Title Page, Copyright
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Publishing a peer-reviewed book with this many contributors typically requires several years of work. Thanks to a special group of contributors, publishers, editors, and reviewers, that time frame shrank to less than nine months. Thanks are due first and foremost to the contributors. Each was presented with challenging timelines to complete their submissions and often asked to submit...
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Copyright cases typically reach the Supreme Court of Canada (the Court) only once every few years, ensuring that each case is carefully parsed and analyzed. On 12 July 2012, the Court issued rulings on five copyright cases in a single day, an unprecedented tally that shook the very foundations of copyright law in Canada. In fact, with the decisions ...
1. Of Reasonableness, Fairness andthe Public Interest:Judicial Review of Copyright Board Decisions in Canada’s Copyright Pentalogy
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On 12 July 2012, five copyright law decisions were handed down by the Supreme Court of Canada (SCC). These decisions have been referred to (among other names) as the pentalogy (or the copyright pentalogy).2 One of the more contentious topics addressed in the pentalogy was judicial...
2. Courts and Copyright:Some Thoughts on Standard of Review1
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A series of interesting questions was raised in the pentalogy of copyright cases decided by the Supreme Court of Canada (the Court) in July 2012. Are additional royalties payable when a video game is downloaded rather than bought over the counter?2 Is streaming a communication to the public...
3. The Context of the Supreme Court’sCopyright Cases
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In the summer of 2012, the Supreme Court of Canada created history by simultaneously releasing five copyright judgments: Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada [ESA],2 Rogers Communications Inc. v Society of Composers, Authors...
4. Fair Use 2.0: The Rebirth of Fair Dealing in Canada
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A century ago, on 16 December 1911, the UK Copyright Act, 1911 received royal assent, and for the first time fair dealing was explicitly recognized in the imperial copyright legislation.2 Ten years later, the same fair dealing provision would appear in the Canadian Copyright Act...
5. Fairness Found: How Canada Quietly Shifted from Fair Dealing to Fair Use
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The breadth and scope of copyright limitations and exceptions has limitations on copyright holders’ rights, such as quotation, remain generated fierce debate. Virtually all domestic copyright laws include some limitations and exceptions to the exclusive rights otherwise granted to copyright holders, typically achieved through the adoption ...
6. The Arithmetic of Fair Dealing atthe Supreme Court of Canada
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...found an opportunity to redefine the law of fair dealing in Canada. While the Court acknowledged that fair dealing is a question of fact, and thereby properly adjudicated by triers of fact like the Copyright Board of Canada, the Court stepped in to revisit the facts all over UK and the US, Canada stands alone in its willingness to rehear fair ...
7. Fair Dealing Practices in thePost-Secondary Education Sectorafter the Pentalogy
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Now that the Supreme Court of Canada has handed down its historic decisions in the pentalogy1 and Parliament has enacted Bill C-112 an extensive set of amendments to the Copyright Act,3 attention should now turn to how copyright policies will be implemented at local institutions. This chapter will focus on how Canada’s colleges ...
8. Fairness of Use:Different Journeys
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Approximately ten years ago, the Supreme Court of Canada gently Théberge v Galéries du Petit Champlain inc. [Théberge] (2002), the majority opinion declared: “The Copyright Act is usually presented as a balance between promoting the public interest in the encouragement and dissemination of works of the arts and intellect and obtaining ...
9. Technological Neutrality:(Pre)Serving the Purposes of Copyright Law
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In the realm of law, neutrality is widely hailed as a fundamental principle of fairness, justice and equity; it is also, however, widely criticized as a myth that too often obscures the inevitable reality of perspective, interest or agenda. It...
10. Technological Neutrality in Canadian Copyright Law
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Recently, in Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada [ESA],2 Rogers Communications Inc. v Society of Composers, Authors and Music Publishers of Canada [...
11. Copyright Royalty Stacking
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Canadian copyright law evolved more in 2012 than in any other year in recent memory. Parliament substantially amended the Copyright Act, and the Supreme Court of Canada decided a quintet of landmark copyright cases.2 This chapter addresses the issue of copyright royalty stacking, connecting recent...
12. The Internet Taxi: Collective Management of Copyright and the Making Available Right, after the Pentalogy
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Just after the adoption of Bill C-11,2 the Supreme Court of Canada handed down five decisions, which are now referred to as the “pentalogy”, to follow the heretofore famous trilogy.3 The pentalogy, like its three-legged predecessor...
13. Righting a Right:Entertainment Software Association v SOCAN and the Exclusive Rights of Copyright for Works
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14. Acknowledging Copyright’s Illegitimate Offspring: User-Generated Content and Canadian Copyright Law
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Bill C-112 provides for a new exception to infringement for user-generated content (UGC), along with new grounds for fair dealing. These provisions, combined with a strong and clear message from the Supreme Court of Canada’s pentalogy of copyright cases regarding users’ rights and the...
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Publication Year: 2013