Wednesday, November 25, 2015

CBC v SODRAC Supreme Court of Canada decision expected Thursday, November 26, 2015 at 9:45 AM

The decision will appear here at 9:45 AM or shortly thereafter

Here is the Court's unofficial summary of the issues:
Intellectual property law - Judicial review - Copyright - Licenses - Licensing societies - Royalties - Ephemeral copies - Application by broadcaster for review of licenses issued by Copyright Board allowed in part - Collective society imposing royalties on producers of content and broadcasters - Licences allow collective society to collect royalties for copies incidental to use of new broadcast technologies - Whether broadcast-incidental copies require a separate licence under a technologically-neutral interpretation of the Copyright Act, R.S.C. 1985, c. C-42 - If a licence is required in FCA File No. A-516-12, what is a technologically-neutral royalty rate for broadcast-incidental copies - Whether the Board err in law by granting an interim licence in FCA File No. A-63-13. 

I filed a factum on behalf of the Centre for Intellectual Property Policy of McGill University (headed by Prof. David Lametti, now David Lametti, M.P.) and Prof. Ariel Katz of the University of Toronto, both of whom appeared with me at the hearing.


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