Your use of this HeinOnline PDF constitutes your acceptance of the HeinOnline License Terms and Conditions. IN THREE RECENT CASES, the Supreme Court of Canada has provided several pieces of the puzzle of Canadian copyright policy. The majority opinion also concluded that in this case the rights of the owner of the copy superseded the rights of the artist in the underlying work.
Copyright law is usually presented as a balance between promoting the public interest in the encouragement and dissemination of works of art and intellect, and achieving a just reward for the creator (or, more precisely, preventing someone other than the creator from appropriating whatever benefits may be generated). CAIP, the Supreme Court had to address the issue of the liability of Internet Service Providers (ISPs) for the transmission of copyrighted content on their networks. As a consequence, any analysis of responsibility must be decided taking into account the broader picture and the transnational nature of the Internet.
However, broadcasters have made commercial use of the material, similar to that used by theater or concert hall operators. Thus copyright for the publication of music CDs remains painless for music listeners, just as all copyrights were painless in the age of the printing press. The mere reception or consumption of information by end users has traditionally remained outside the scope of the copyright monopoly.
Preventing the use of copyrighted material by end users has proven difficult because it does not seem to align with the moral imperative that is (arguably) the source of the first copyright laws. Even in the centuries before Islam, poetry played a central role in the life of the ancient Arabs. CAIP, was the meaning of the Internet.7 7 True, in some cases the Court suggested that parliamentary intervention might be useful.
IMPLEMENTING THE PURPOSE
Public choice analysis[8] focuses on legislation because the role of interest groups in the legislative process is widely recognized and thus it becomes likely that legislation is seen as a product demanded and offered by influential interest groups [...] Judicial procedure on the contrary however, it is structured in such a way as to minimize the role of interest groups; interest groups can file amicus curiae briefs, but judges have little incentive to give such briefs much weight. There is a market for this type of controlled access, as evidenced by the success of iTunes85, but thinking of the Internet as based entirely on a television or cable model, where all copyrighted content is provided by experts, runs counter to the scope and depth of current Internet practice. 86 Options (c) and (d) remain. Option (d) reveals that the fact that copyright is usually shaped by the nature of the use, not its effect,87 is part of the policy conundrum.
Because it has not been made part of the regulation that copyright is a professional right as a whole, reproductions and communications to the public made by individual users fall a priori under section 3 of the Act (and possibly sections 15 and 18) . Copyright law has also been used to move information out of the public domain and into the private sphere, where it creates wealth for the property owner instead of enriching public discussion. Another feature added in 1997 was section 92, which requires a report by the government to be tabled in Parliament every five years "on the provisions and operation of this Act, including any recommendations for amendments to this Act. " This ended the then "Phase I1" of the Reform process.
9 Then, on 3 October 2002, Supportive Culture and Innovation: Report on the Provisions and Operation of the Copyright Act9" was tabled in Parliament. One key element of the third grouping is directly relevant for our purposes, namely the simplification of the Act . It proposed, among other things, possible ratification of the WIPO Internet Treaties of 1996 1 , including rights against the circumvention of technological protection measures (TPMs) and the removal or modification of rights management information and possibly the addition of an express right to "make available set, ".
Canada, Supporting Culture and Innovation: Report on the Provisions and Operation of the Copyright Act, (Ottawa: Heritage Canada and Industry Canada, 2001), The Department of Canadian Heritage commissioned a report from me on the reform of collective licensing of copyright in Canada. One of these ways, which at first sight appeared to offer a number of important advantages, is the ERS approach, which has been developed in Northern Europe over the last 35 years and whose appeal in Eastern Europe and other parts of the world appears to to grow. The Government of Canada commissioned a detailed second study on the ERS, which was also available on its website.95 Following the publication of the study, consultations and a high-level meeting were held in Ottawa, where experts in the application of the ERS came from Europe to explain how it had worked in that part of the world. The report was published on a government website and more than 700 individuals and organizations submitted comments.92. Another issue that has generated a significant amount of controversy and not too productive debates is the Extended Repertoire System (ERS), also known as Extended Collective Licensing. The report was delivered and made available online in 2001.94 The report discussed various ways that could be used to improve the effectiveness of collective licensing in Canada. The lack of ability to offer a comprehensive license is a frustrating problem for everyone involved. When they contact the relevant CMO, they receive their share of the payment collected by the CMO. The question of whether it is a specific user or class of users is independent of whether the ERS is part of the law. It was then and remains part of the Berne Convention's provisions dealing with the treatment of foreign authors (i.e. national treatment) and place of (first) publication. Under the text of the Convention, the enjoyment of copyright is subject to compliance with the conditions and formalities prescribed by law in the country of origin of the work. As a result, the author only needs to comply with the legislation of the country of origin, to complete the conditions and formalities that may be required in that country. This interpretation, which is consistent with the text, was certainly in the minds of the authors of the 1886 Convention.126. The enjoyment and exercise of these rights are not subject to any formalities; this enjoyment and exercise is independent of the existence of protection in the country of origin of the work. The report of the 1908 Conference is crystal clear and worth quoting at length on this point. It should be noted that this concerns exclusively the rights required under the Convention. Problems arose in connection with the submission of the certificate to the authority of the country of origin - this submission was occasionally considered preliminary. The new provision means that the person who acts according to the convention does not have to submit proof of completed formalities in the home country, as the fulfillment or non-fulfillment of these formalities must not have an impact. Registration, deposit of the original or a copy and indication of a notice are the most typical examples.13 2. In other cases, as in Germany, there is a "presumption" that all rightholders are members of the collective. They are simply ways in which the exploitation of the works in question is organized and tasks that copyright holders must perform. At the root of the problem is the fact that the rights are formulated in terms of the nature of the use (copying, performing, communicating), while in terms of the nature of the use (copying, performing, communicating), while exceptions are formulated in terms of purpose. At the international level, the three-step test142 is not based on the nature, but rather on the effect of the use. CONCLUSIONRECOMMENDATION 4
RECOMMENDATION 5
What I suggested was reversing the test, based on the assumption that what exceptions (whether fair dealing in Canadian law or the three-step test at
