Copyright Victory For Canadians
Canadian researchers and anyone looking for "inexpensive access to justice" won a landmark victory, yesterday, when the Supreme Court of Canada ruled 9-0 that people wanting to make a single copy of any kind of material for research purposes in any field don't have to pay a licensing fee.
And in a second key finding, the court said works produced through 'sweat' but involving very little creativity - ie, telephone books - don't enjoy copyright protection, although more complex works involving 'skill and judgment that is not trivial' do.
The ruling will probably affect future cases involving music, electronic communications and the Internet, says a Globe & Mail report here, going on:
"In particular, the court found that equipment owners are not liable for copyright infringement simply because they authorize the use of their equipment to someone who then violates a copyright."
The decision was a blow to three legal publishing houses that claimed they were deprived of licensing fees on more than 100,000 pages copied each year at the Law Society of Upper Canada's library by lawyers and students, says the story.
"The Supreme Court said they are not entitled to fees on these single copies. However, the court did grant them a small victory by agreeing that the headnotes, case summaries and indexes they prepare and append to judicial rulings are protected."
Requiring that an original work be the product of an exercise of skill and judgment is a workable, yet fair, standard, the Globe report quotes Chief Justice Beverley McLachlin as saying.
"Research must be given a large and liberal interpretation in order to ensure that users' rights are not unduly constrained, and is not limited to non-commercial and private contexts," McLachlin said.
The ruling will likely affect future cases involving music, electronic communications and the Internet. In particular, the court found that equipment owners are not liable for copyright infringement simply because they authorize the use of their equipment to someone who then violates a copyright.
Before an owner or distributor can be found liable, the court said, there must be proof they collaborated with the violator.
Roger Hughes, a lawyer for the plaintiffs - CCH Canadian Ltd, Canada Law Book Inc, and Carswell, a division of Thomson Canada Ltd - said anyone hoping to exploit the ruling for commercial purposes is making a mistake, adds the story.
» Mixcloud Taps Gracenote for Advanced Music Recognition
» Copyright Royalty Board Increases Sirius XM Royalty Rate
» Live Entertainment Specialists Headliner Launch Premium Artist Booking Service
» Nordic & British Musicians' Unions' Joint Statement on Sexism in the Music Industry
» Women Make An Impact On The 2018 MPG Awards Shortlist
News Beat Directory
» [2017-12-25] MusicDish*China Presents 'Savage Guitarist' Todd Clouser In Beijing; As Part Of His #YouTheBrave Asia Tour That Includes 8 Shows Across Japan, Todd Will Be Giving Solo Shows At Laifu Livehouse On 12/27 And Temple Bar On 12/28
» [2017-12-20] Mixcloud Taps Gracenote For Advanced Music Recognition; Next-generation Audio Fingerprinting Helps Mixcloud Identify And Catalog Copyrighted Music Within User-generated Content
» [2017-12-18] Copyright Royalty Board Increases Sirius XM Royalty Rate; Judges Announce Royalty Rates And Terms For Satellite Audio Radio Services (SDARS) And Preexisting Subscription Services
» [2017-12-06] Lithuanian Band Grabs Bronze At The Silk Road Indie Music Festival 2017; Antikvariniai Kašpirovskio Dantys Competed With Bands From Belgium, Sweden, Armenia, Germany, Japan, South Africa, India, Norway, Poland, Italy And The UK As Well As China
» [2017-12-06] Live Entertainment Specialists Headliner Launch Premium Artist Booking Service; A Fully-managed Service That Simplifies The Process Of Booking Renowned Artists And Performers For Occasional Event Planners, Agencies And Brands
» [2017-11-27] Voice-Controlled Speakers & The Music We Listen Too; Music Is A Major Part Of The Way Amazon Echo And Google Home Owners Interact With Their Devices
» [2017-11-21] Nordic & British Musicians' Unions' Joint Statement On Sexism In The Music Industry; Discussions On The Issue Of Gender Inequality, Sexism And Sexual Harassment, The Scale Of Which Had Been Highlighted By The Recent #metoo Campaign
» [2017-11-13] Women Make An Impact On The 2018 MPG Awards Shortlist; Nearly A Quarter Of Those Named This Year Are Female, Proving That Music Production Is No Longer A Bastion For The Boys
» [2017-11-13] The Nashville Musicians Sound Healthcare Plan Rolls Out; Sound Healthcare & Financial Announced The Formation Of A True Group Health Insurance Policy Plan For Musicians And Industry Professionals
» [2017-11-09] Streaming & Listening Diversity - Spotify Case Study; Will Artists Have An Easier Time Finding An Audience, Or Will Streaming Focus Global Attention On A Small Number Of Stars?
» [2017-11-09] Two-Sides Of Copyright Finance: Sound Royalties & Kobalt; Sound Royalties Unearths Millions In Undistributed Royalties While Kobalt Launches Fund To Invest In Music Copyright
» [2017-11-08] Career Moves: ROLI, Live Nation Sweden, Music Glue, BBR Music Group, Warner/Chappell Music Spain & Blue Night Soundscapes; ROLI Chief Creative Officer, Live Nation Sweden Managing Directors, Music Glue Global Head Of Business Development, BBR Music Group VP Of International, Warner/Chappell Music Spain Managing Director And Blue Night Director Of Music Clearance
follow MusicDish on