Supreme Court Of Canada Affirms Principle Of Technological Neutrality In Canadian Copyright Law

On November 26, 2015, the Supreme Court of Canada issued a 7-2 split decision affirming that even incidental copies of a work made to facilitate broadcasting will engage the reproduction right and require a license. In reaching its decision, the Supreme Court highlighted the central role that the principle of technological neutrality plays in Canadian copyright law. The principle of technological neutrality recognizes that, absent parliamentary intent to the contrary, the Copyright Act should not be interpreted or applied to favour or discriminate against any particular form of technology. The goal of technological neutrality is to preserve the traditional balance between authors and users in the digital environment.

The decision under appeal. In CBC v SODRAC, 2015 SCC 57, the Canadian Broadcasting Corporation (CBC) disputed the finding of the Copyright Board and Federal Court of Appeal that the Copyright Act required a separate license for incidental copies of works made to facilitate broadcasting, and also disputed the valuation of the license fee.

The parties' positions. CBC is Canada's public television broadcaster. The Society for Reproduction Rights of Authors, Composers and Publishers...