Thursday, January 13, 2022

Canadian Association of Law Libraries Intervention in Upcoming Supreme Court of Canada Copyright Case

The Canadian Association of Law Libraries (CALL) has been granted intervener status in the January 18, 2022 Supreme Court of Canada hearing in the case Supreme Court of Canada case Society of Composers, Authors and Music Publishers of Canada, et al. v. Entertainment Software Association, et al. 

CALL members Susannah Tredwell, Manager of Library Services at DLA Piper (Canada) LLP in Vancouver and James Bachmann, Instructional Librarian, Law Library, University of British Columbia, wrote a blog post about the case and CALL's copyright advocacy over the years:

"This case addresses the question of how the concepts of 'communication to the public by telecommunication' and 'making available on demand' as used in the Copyright Act should be understood."

"The outcome of this case has the potential to significantly impact various library activities, including controlled digital lending and possibly even the simple use of hyperlinks, particularly in light of the limited scope of current library and education exceptions in the Copyright Act."

"CALL/ACBD's submitted that the court refrain from broadly construing the terms 'making available' and 'Communication to the Public by Telecommunication' and that s. 2.4(1.1) of the act ('Communication to the public by telecommunication') does not need to be understood as creating a new right."

CALL has intervened in the past in front of the Supreme Court of Canada on issues pertaining to Crown copyright and fair dealing. 

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posted by Michel-Adrien at 7:40 pm


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