Copyright week at the Supreme Court of Canada

There are 5 copyright appeals being heard at the Supreme Court this week. All are being webcast live and the written submissions of the parties and interveners are available.

The copyright appeals scheduled to be heard are:

  • Entertainment Software Association et al. v. SOCAN (#33921) on whether a tariff is appropriate for music contained within games downloaded over the internet (Dec 6 morning with 33922).
  • Rogers Communications Inc. et al. v. SOCAN (#33922) which raises the issue of whether a communication to an individual over the internet is a ‘communication to the public’ (Dec 6 morning with 33921).
  • SOCAN v. Bell Canada et al. (#33800) which relates to the previewing of music and whether that activity falls within the ‘fair dealing’ research exception (Dec 6 likely in the afternoon).
  • Province of Alberta as represented by the Minister of Education, et al. v. Canadian Copyright Licensing Agency Operating as “Access Copyright” (#33888) which relates to the educational use exception to fair dealing (Dec 7 in the morning).
  • Re:Sound v. Motion Picture Theatre Associations of Canada, et al. (SCC case #34210) which relates to whether separate tariffs apply sound recording is part of the soundtrack that are made available to the public (Dec 7 likely in the afternoon).

The Supreme Court of Canada provides copies of the factums for the parties and interveners on its website. They also will be live broadcasting the oral arguments. The following table contains links to the factums and live webcast links for each proceeding.


Case Likely Schedule Webcast Factums
33921 – online games Tuesday AM webcast factums
33922 – communication to the public Tuesday AM webcast factums
33800 – previewing music Tuesday PM webcast factums
33888 – Access Copyright Wednesday AM webcast factums; additional factums at Howard Knopf’s blog
34210 – Re: Sound Wednesday PM webcast factums



One thought on “Copyright week at the Supreme Court of Canada”

Comments are closed.