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Guest Blog

By January of 2015, Canada will have implemented the final pieces of the Copyright Modernization Act - Canada’s answer to bringing copyright laws in line with the digital age. This has been an ongoing process since 2012 and was initiated as a response to criticism that Canada’s copyright system was not doing enough to protect the rights of copyright owners. The Act has already brought sweeping changes to copyright in relation to fair dealing exceptions, “user generated content” and statutory damages. See our earlier blog post, Canada’s Copyright Modernization Act. 

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On February 13, 2013, the Supreme Court of Canada (SCC) heard the appeal of the now (in)famous copyright case of Cinar Corporation et al. v Robinson et al. [Cinar], concerning the infringement of one Robinson castaway (Robinson Curiosité) by another (Robinson Sucroë). The case has steadily worked itself up from the Quebec trial division, with the appeal court's decision (France Animation v. Robinson, 2011 QCCA 1361, [France Animation]) now being contested before the nation's highest court. The SCC has yet to release what is sure to be a rather interesting judgment, given that and lower courts have themselves engaged in some skilful maneuvering around issues that have extended beyond the realms of copyright law.

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