Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: copyright infringement

The Aereo Decision – Canadian Content?

Posted in Case Comments, Intellectual Property

The following post on the snIP/ITs blog may be of interest to readers of this blog: The Aereo Decision – Canadian Content?

On June 25, 2014, the United States Supreme Court ruled in a 6-3 decision in American Broadcasting Cos., Inc. et al v. Aereo, Inc. that Aereo’s Internet retransmission service infringes copyright. McCarthy Tétrault played a small role by filing an amicus brief on behalf of a coalition of international rights holders and copyright scholars that drew the Court’s attention to the need to interpret the US Copyright Act in a technologically neutral way, as similar copyright laws have … Continue Reading

The Second Opinion: UK Supreme Court decides it’s okay to look

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

Is there a difference between having a collection of headlines assembled in a report and sent to you by email versus viewing that same report on a website? The UK Supreme Court recently decided there is, overturning the decisions of the courts below and holding that the latter activity is covered by the ‘temporary copies’ exception in UK copyright law.  The case concerns the activities of Meltwater, a news aggregator which has been a global thorn in the side of rights holders, including here in Canada where in June 2011, a group of Canada’s biggest news publishers including Postmedia Network … Continue Reading

This Week at the SCC (14/12/2012)

Posted in Aboriginal, Communications, Conflict of Laws, Health, Intellectual Property, Labour and Employment, Media, Professions, Regulatory, This Week at the SCC

Cases Decided

The Supreme Court of Canada released one decision this week of interest to Canadian businesses and professions.

In Reference re Broadcasting Regulatory Policy CRTC 2010-167 and Broadcasting Order CRTC 2010-168, 2012 SCC 68, Rothstein J. for the majority of the Court held that the Canadian Radio-television and Telecommunications Commission (“CRTC”) lacked the jurisdiction to create a market-based ”value for signal” regime.  The proposed regime would have enabled private local television stations (“broadcasters”) to negotiate direct compensation for the retransmission of their signals by broadcast distribution undertakings (“BDUs”), such as cable and satellite companies, and to prohibit

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Second Circuit Hears YouTube DMCA Cases

Posted in Case Comments, Communications, Intellectual Property, Media

In mid-October, the influential United States Court of Appeals for the Second Circuit heard oral arguments in a $1-billion battle over the responsibility of Internet intermediaries for infringing content posted by third parties on their systems. The appeal in Viacom Intl. v. YouTube Inc. involves crucial questions that may have a ripple effect on litigation taking place across the world. Along with the Veoh case being heard by the Ninth Circuit and the iiNet appeal being heard by the High Court of Australia this year, the results in the YouTube appeals will set important ground rules for Internet litigation for … Continue Reading