Possible Impact of Supreme Court Arguments in SOCAN Previews Case on Access Copyright Post Secondary Copyright Board Tariff Application

Prof. Sam Trosow, who is an expert in both copyright law and library science, is closely following all the current litigation and the Copyright Board hearing  impacting on fair dealing and education.

He points out in his blog from June 29, 2011 how the SOCAN “previews” case now unfolding in the Supreme Court of Canada could impact upon the post secondary tariff proceedings brought by Access Copyright now pending before the Copyright Board.

He points out that the positions being taken by CMRRA-SODRAC (“CSI”) and CRIA  in the Supreme Court are supportive of SOCAN on fair dealing. These parties are respondents in SOCAN’s appeal.

Prof. Trosow also states in his blog from yesterday that:

"What is raising more than a few eyebrows however is the fact that CRIA is now being represented by Glen Bloom (of Osler, Hoskin & Harcourt LLP) who substituted into the case for CRIA on May 31^st. Mr. Bloom, who also represented the plaintiffs in the CCH v LSUC litigation, is currently representing the Association of Universities and Colleges of Canada (AUCC), the lead objector in the tariff proceedings brought by Access Copyright now pending before the Copyright Board.

Without doubt, the breadth and scope of fair dealing will be a central dispute in that proceeding and will be a determinative factor in the amount of the tariff ultimately set by the Board.  Should the attempt by SOCAN, CRIA and CSI to limit the applicability of fair dealing be successful, there will be a profound impact on the direction and outcome of the Access Copyright Tariff proceedings"

 HK