Canadian Supreme Court Rules In Favor of Apple, Others Including CCIA

BY CCIA Staff
July 12, 2012

Ottawa – The Canadian Supreme Court has dismissed an appeal from the Society of Composers, Publishers and Music Authors. This means online music stores and others targeted in the lawsuit will not have to pay royalties for providing previews to online users.

The consequences of the decision are to reaffirm an expansion of Canadian fair dealing rights – including where consumers exercise their rights using online platforms.

A lower court had said the song previews in Apple’s iTunes, which last about 30 seconds, fall under Canada’s fair dealing doctrine, which is similar to the U.S. fair use doctrine in exceptions to copyright law. The previews were construed as research.

The Computer & Communications Industry Association intervened in the case to support fair dealing and the user right to “research.”

The following statement can be attributed to CCIA President & CEO Ed Black:

“We are pleased this case has been dismissed as it benefits consumers and online companies. Fair dealing is a catalyst for research, creativity and innovation.

“Businesses in many cases provide the conduit for consumers to exercise their fair dealing rights and the Supreme Court recognized that today.

“What this case illustrates is that fair dealing is quite a lot like U.S. fair use exceptions to copyright law. Fair dealing can allow innovative technology products to help consumers and to make content more useful.”

Related Articles

CCIA Files Comments In Response To Canada’s Digital Services Tax

Jun 18, 2021

Washington — The Computer & Communications Industry Association filed comments in response to Canada’s consultation regarding a digital services taxe proposed in its 2021 budget.  The DST would mirror other unilateral measures pursued by European countries in the past two years.   The United States Trade Representative has investigated these digital taxes in Europe and found…

CCIA Statement on the European Commission’s Copyright Guidelines

Jun 4, 2021

Brussels, BELGIUM — The European Commission today presented its long-awaited Guidance on the implementation of Article 17 of the Directive on Copyright in the Digital Single Market. EU Member States have to transpose the Directive into national law by 7th June. The following can be attributed to CCIA Senior Manager, Alex Maglione: “We encourage EU…