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…
Tag: The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law
Acknowledging Copyright’s Illegitimate Offspring: User-Generated Content and Canadian Copyright Law
Bill C-11[1] 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 Internet Taxi: Collective Management of Copyright and the Making Available Right, after the Pentalogy
Just after the adoption of Bill C-11,[1] the Supreme Court of Canada handed down five decisions, which are now referred to as the “pentalogy”, to follow the heretofore famous trilogy.[2]…
Technological Neutrality: (Pre)Serving the Purposes of Copyright Law
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…
The Arithmetic of Fair Dealing at the Supreme Court of Canada
In the 2012 Supreme Court of Canada copyright cases, the Court found an opportunity to redefine the law of fair dealing in Canada. While the Court acknowledged that fair dealing…
New Book - The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law
In the summer of 2012, the Supreme Court of Canada issued a series of rulings in five major copyright cases (referred to as the “copyright pentalogy”). A new book has…