“Users’ Rights in the Balance: Recent Developments in Copyright Law at the Supreme Court of Canada”, (2005) 22 Canadian Intellectual Property Review 133-146
A series of recent decisions on copyright law issues by the Supreme Court of Canada has touched on a wide range of key substantive issues in that area of law. The result is, at least in theory, a re-configuration of some of the central rights and principles in copyright law. The decisions come after a fairly lengthy period in which Supreme Court guidance on copyright issues was noticeably absent. They also come at a time when the digital age is placing increased stresses on copyright law and its underlying principles. In this paper I will consider four main issues addressed by the Supreme Court in the decisions in Théberge v. Galerie d’art du Petit Champlain, CCH Canadian Ltd. v. Law Society of Upper Canada, and SOCAN v. CAIP. These are: the purpose of copyright, the rights of owners of copyright, limits on copyrightable subject matter, and users’ rights.
