Law Times

PAGE 12 FOCUS SCC sets record straight on copyright matters Long-awaited ruling BY KENNETH JACKSON For Law Times down in July looked at video games sold online, music down- loading and streaming, movie soundtracks, music previews, and photocopying of textbooks. The cases involved appeals I n one day, the Supreme Court of Canada set the re- cord straight on five copy- right cases. The decisions that came of various Copyright Board of Canada decisions in 2007. The Supreme Court heard them over two days in Decem- ber with the involvement of or- ganizations such as the Society of Composers, Authors, and Music Publishers of Canada and the Canadian Copyright Licensing Agency in the ongo- ing battle to determine royalties and ownership. sale of video games over the Internet. The Copyright Board had concluded that video games containing a musical work were subject to a new fee when sold over the Internet. The Federal Court of Appeal upheld the de- cision in 2010. The Supreme Court, however, The first case looked at the found the Copyright Board im- properly interpreted the provi- sions at issue in the Copyright Act and ignored the legislation. The Copyright Board' lates the principle of technological neutrality, which requires that the act apply equally notwithstanding the technological diversity of dif- ferent forms of media." The court ruled a new fee s ruling also "vio- wouldn't apply to a game sold over the Internet. "The question in this appeal is whether the rights are none- theless revived when the work is sold over the Internet instead of in a store, music streaming and down- loading, the court upheld a tariff on streaming music but removed it on downloads. The ruling means telecommunica- tions companies that offer mu- sic services won't have to pay as much to copyright collection agencies. The court then addressed In the second case involving " whether previewing music by streaming or listening to brief ex- cerpts online was fair dealing for the purpose of research. It' were other methods available, there mon on many music web sites to be able to preview the song be- fore purchasing it. SOCAN argued that s com- "In our view, it makes little sense to distinguish between the two methods of selling the same work. " the court noted. such as advertising, to help us- ers identify potential music for purchase. The organization also argued many of the service providers of- fered other information such as album artwork, textual descrip- tions, and user-generated album reviews, the top court noted. The Copyright Board be- lieved previewing did fall un- der fair dealing because it was research and ordered that no new tariffs would apply. The top court agreed in a unanimous decision. " preme Court dismissed an ap- peal of the Copyright Board' works while at the same time ensuring that creators are fairly rewarded. The conclusion, as a result, should not be disturbed. In the fourth case, the Su- " decision in relation to movie and TV show soundtracks. "The board made no er- s All of this confirms the board's conclusion that previews satisfy the requirements of fair dealing and that the online ser- vice providers do not infringe copyright," the top court stated. "In so concluding, the board properly balanced the purposes of the act by encouraging the creation and dissemination of word 'soundtrack' is consistent with the scheme of the act, the intention of Parliament, and Canada' ror in finding that the word 'soundtrack' includes pre-exist- ing sound recordings and that such recordings are accordingly excluded from the definition of 'sound recording' when they accompany a cinematograph- ic work," the Supreme Court found. "This interpretation of the tions. Contrary to the appellant's s international obliga- suggestion, it does not lead to absurd results." The last case came down to CANADIAN LAW LIST 2012 YOUR INSTANT CONNECTION TO CANADA'S LEGAL NETWORK Inside you will find: • an up-to-date alphabetical listing of more than 58,000 barristers, solicitors and Quebec notaries, corporate counsel, law firms and judges in Canada; • • contact information for the Supreme Court of Canada, the Federal Court of Canada, Federal Cabinet Ministers, departments, boards, commissions and Crown corporations; legal and government contact information related to each province for the Courts of Appeal, Supreme Courts, County and District Courts, Provincial Courts, law societies, law schools, Legal Aid, and other law- related offices of importance. MORE THAN A PHONE BOOK Hardbound • Published February each year On subscription $149 • L88804-571-26084 One-time purchase $165 • L88804-571 • ISSN 0084-8573 Prices subject to change without notice,to applicable taxes and shipping & handling. Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation CANADIAN LAW LIST www.lawtimesnews.com CLL - 1-2 pg - 4X.indd 1 1/20/12 10:46 AM the wire with a five-to-four vote on photocopying textbooks. Access Copyright, which repre- sents authors and publishers of literary works, had filed a pro- posed tariff with the Copyright Board over the practice of teach- ers copying works for class stud- ies. The organization was going up against school boards across the country. Fair dealing allows others to September 24, 2012 • Law timeS use materials for purposes such as research and private study. But while the Copyright Board found it was fair to copy the textbooks for the classroom, it concluded the copies were subject to a roy- alty. The Federal Court of Appeal agreed, but the Supreme Court saw the matter differently. It overturned the tariff and it back to the Copyright sent Board given the finding that Ac- cess Copyright couldn't prove that a decline in sales was a re- sult of teachers photocopying textbooks. LT

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