Date Closed

July 15, 2022

Lead Office

Toronto

On July 15, 2022, the Supreme Court of Canada released a significant copyright decision in an appeal brought by Music Canada, who was represented by McCarthy Tétrault.

In Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30, the Supreme Court of Canada accepted that domestic legislation should generally be interpreted in accordance with Canada’s international treaty obligations, and that Canada fully implemented article 8 of the World Intellectual Property Organization’s Copyright Treaty, which requires signatory states to protect a technologically neutral right to make content available to the public so that it may be accessed on demand.

The Court’s decision provides an important confirmation that Canadian copyright law protects a technologically neutral right to make content available to the public so that it may be accessed on demand. This decision promotes harmony between Canadian copyright law and international standards ratified by Canada, as Parliament intended.

Music Canada is a non-profit organization that represents the interests of Canada’s major record labels. Music Canada advocates for a healthy and vibrant Canadian music ecosystem, which includes record labels, performing artists, publishers, songwriters, managers, and others.

McCarthy Tétrault advised Music Canada with a team led by Barry Sookman(Business) and Dan Glover (Intellectual Property) that included Connor Bildfell (Litigation).