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Archive for the ‘Intellectual Property’ Columns

Ensuring the Balance

As time marches on it is clear that one of the most important recent cases of the Supreme Court of Canada in the field of copyright law has been CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 S.C.R. 339 (“CCH”) in which the Court breathed real meaning into the fair dealing exception, now called a user’s right.

CCH was preceded by Théberge v. Galerie d’Art du Petit Champlain inc., [2002] 2 S.C.R. 336, where the Supreme Court of Canada explained that copyright law provides a balance between creators and users, namely:

the purpose of

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Posted in: Intellectual Property

Copyright Taxation Without Representation

The Copyright Board of Canada and the various tariffs that it certifies rarely attract media attention. But a tariff recently certified received coverage by most major media outlets. That tariff, mandating payments for playing recorded music in weddings and other events for the years 2008-2012, will be collected by Re:Sound, a private organization representing record companies and performing musicians. If the events include dancing, the fee is double. This unusual media attention, often describing the fees as a “wedding tax” or “dancing tax”, is not surprising because it reflects how undemocratic some aspects of Canada’s copyright system have become. . . . [more]

Posted in: Intellectual Property