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?
A. No.
Click here to read the decision.
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?
A. No for download, yes for streaming.
Click here to read the decision.
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?
A. Yes.
Click here to read the decision.
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.
Click here to read the decision.
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?
A. No.
Click here to read the decision.
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