5 new Supreme Court of Canada copyright decisions expand user rights
Court packages five copyright decisions in one day
August 22, 2012 at 08:00 PM
14 minute read
In a good year, the Supreme Court of Canada might take one copyright case, so it was quite the occasion when on July 12 it handed down judgments in five, all of which concerned tariffs, or royalties, proposed to Canada's Copyright Board. Canadian courts strive to balance copyright owners' and users' rights, and here the court emphasized this goal, largely coming down in favor of expanding user rights in this collection of cases that considered new technologies, the Internet and content.
“Miraculously, all five of these [cases] were granted an audience by the Supreme Court,” says Sheldon Burshtein, a partner in the Toronto office of Blake, Cassels & Graydon. “When the court takes one copyright case, it's a big deal. When it takes five, it's a huge deal. And to release all five in a package is an even bigger deal.”
The flood of decisions is keeping copyright experts and copyright owners enforcing their rights in Canada busy as they parse the decisions and try to come to a consensus on what the court has done and what the impact of these cases will be. On a few principles, however, the Supreme Court made obvious waves.
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