The Impact of Free Music Downloads on the Purchase of Music CDs in Canada

This report examines data on the effects of Internet peer-to-peer (P2P) file sharing activities on music purchasing which were obtained from a survey commissioned by Industry Canada. The survey was designed to “inform Industry Canada's policy development work” [1] and ultimately therefore support better policy decisions regarding the copyright law in Canada.

Re:Sound v. MPTAC: SCC Upholds Copyright Board's Decision

On July 12, 2012, in a unanimous 9-0 decision, the Supreme Court of Canada dismissed the appeal launched by Re:Sound, rejecting an application for Tariffs on soundtracks accompanying cinematographic works. The SCC held that a sound recording accompanied by a video is precluded from collecting the s.19 remuneration right.

Rogers v. SOCAN: The SCC Streamlines its Stance on On-Demand Streaming

The much anticipated Supreme Court of Canada ruling in Rogers Communications Inc v Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 35 (Rogers v SOCAN), culminated with a unanimous Court holding that on-demand transmissions of music streams made available by online music services constitute communications “to the public”.  Consequently, the on-demand streaming of […]

ESAC v. SOCAN – Battle Lines Drawn in Copyright Pentalogy

Entertainment Software Association of Canada v SOCAN was one of two 5-4 split decisions of the copyright pentalogy decisions released on July 12. Online media and software producers and distributors won a major victory. The Supreme Court ruled that the “communication to the public by telecommunication” right does not apply to downloads of a musical […]

The Fivefecta: Canada’s Supreme Court Releases 5 Significant Copyright Decisions

Without a background in horse racing, I feel comfortable expressing today as a “Fivefecta”. Since Monday’s announcement that the Supreme Court of Canada (“SCC”) would release judgments in five critically important copyright appeals heard on December 6 and 7, 2011, there has been a growing excitement in the Copyright community. The decisions from these appeals, […]

New Tariff Aims to Benefit Struggling Musicians by Discouraging Dancing?

On May 31, the Copyright Board of Canada certified a new tariff on the use of recorded music played at events such as weddings, karaoke, and conventions. The tariff will be paid to collective Re:Sound, which represents the rights of artists and music labels.

Creativity, Culture and Community: Advancing the ‘Status of the Artist Act’ in Nova Scotia

Ceaseless lobbying on the behalf of Canadian artists frustrated by their ambiguous position in relation to other labourers subsequently culminated in the Federal Government of Canada proclaiming the Status of the Artist Act.

Village People Crooner’s “Macho Macho” Song Rights Held Up in Court

In a long-anticipated court ruling on May 9th, a California judge upheld former Village People lead singer Victor Willis’s right to reclaim ownership of hit songs such as “YMCA” and “In the Navy.” Early last year, Willis invoked an amendment of United States copyright law which deals with inalienable “termination rights” with respect to recordings […]

Sampling Questions Still Unsettled After Jay-Z/Kanye West Sampling Settlement

Jay-Z and Kanye West have decided to settle a sampling lawsuit brought forth by soul musician, Syl Johnson.  The pair was accused of illegally sampling one of Johnson’s songs on a track entitled, “The Joy,” on their joint album, Watch the Throne.  Johnson has had a history of pursuing rappers for sampling, including a $29 […]

IP Osgoode Speaker Series: Robert Levine and Dr. Brett Danaher

In celebration of Canadian Music Week, the IP Osgoode Speaker Series presented a panel discussion on “Copyright and the Music Industry” on March 22, 2012  featuring Robert Levine and Dr. Brett Danaher. Levine spoke about the current state of copyright and the public discourse surrounding it. He argued the need for more effective enforcement mechanisms […]