Tariffbusters: Does the CBC v SODRAC decision debunk the "Mandatory Tariff Theory

Introduction to the panel After two exciting and lively debates on the principle of technological neutrality (see Sebastian Beck-Watt’s coverage here) and reproduction rights (see Paul Blizzard’s coverage here), IP Osgoode’s Unpack SODRAC symposium turned to a new panel to ‘unpack’ the paragraphs of CBC v SODRAC [SODRAC] concerning the mandatory (or not) nature of tariffs […]

New Developments in Trademark Dispute of Asian-American Rock Band "The Slants" Reignite Free Speech Debate

Recent developments in the ongoing trademark dispute involving Asian American dance rock band "The Slants" have reignited discussion regarding disparaging marks and free speech. Last month the band argued before a U.S. appeals court that the government’s rejection of its trademark application pursuant to "the provision in the Lanham Act that bars disparaging trademarks violates the First Amendment and should be […]

Why Now is the Perfect Time to Discuss Performance Rights

It’s Toronto’s time to shine! This past October, Governor General David Johnston officially declared 2015 to be the “Year of Sport in Canada” and Toronto’s hosting of the Pan American Games is clearly one of the reasons why. The major sporting event is a fantastic opportunity for the city’s economic development. In fact, the Ontario […]

A Tidal Shift for the Digital Economy?

A decade and a half since music industry titans like the rock group Metallica launched legal action to shut down the largest (unauthorized) distributor of recorded content, the ways that fans and audiophiles are able to access music and other cultural resources appear, once again, to be in flux. 2015 has already seen the headline […]

TIPG Copyright and Technological Neutrality Event: Ghostbusting with Professor Giuseppina D'Agostino, Christine Pallotta and Richard Pfohl

On the heels of oral arguments heard before the Supreme Court of Canada (SCC) in CBC v SODRAC, the Toronto Intellectual Property Group hosted a fascinating event centered on the principle of technological neutrality from ESA v SOCAN, and how it might be interpreted by the SCC when the case is decided.

On World Intellectual Property Day, Get Up, Stand Up. For Music.

This Sunday, April 26th is World Intellectual Property Day, an annual event to promote discussion of the role of intellectual property (IP) in encouraging innovation and creativity. The date was chosen in recognition of the day the WIPO Convention came into force in 1970, with the goal of increasing the general understanding of IP. This […]

25 Million Streams of "Summer of '69" earns Bryan Adams at Least One Six String

In my previous post, I detailed how a single digital spin of a song can trigger multiple webcasting tariffs. I also mentioned that royalties are not always paid wholly and directly to a single “creator” of music, but rather distributed on a percentage basis, depending on the various roles in the creation of the musical recording. […]

How Many Spins of "Summer of '69" Earn Bryan Adams a Real Six String?

This past spring, the Copyright Board of Canada issued its decision certifying Re:Sound’s Tariff 8 and setting the royalties collected for webcasting in Canada. Many parties of interest were incensed by the proposed rates, which are difficult to understand without the context of the entire royalty system in Canada.

Tariffs 22.D.1 and 22.D.2 - A free preview of what's to come for SOCAN

On July 18, 2014, the world of everyone who streams music or videos containing music – that is, almost everyone who uses the internet – changed a little bit. On that date, the Copyright Board released a decision certifying two tariffs proposed by the Society of Composers, Authors, and Music Publishers of Canada (SOCAN). These […]

Gaining Insight into Canadian Music Week: An interview with Susan H. Abramovitch

Susan Abramovitch, a partner at Gowling Lafleur Henderson LLP and the Head of the firm's Entertainment Law Practice, will be speaking on two panels this Saturday at Canadian Music Week (CMW) to discuss Canada's copyright regime and recent developments in Canadian music law and business, and their impact on the Canadian music industry. IP Osgoode had […]