Problem
Appellant (Society of Composers, Author, and Music Publishers of Canada)
• Digital technology and the Internet have made it possible to make content available for users to access on demand-whenever, wherever, and however they wish. This has created new opportunities for Canadians to discover, access, and enjoy music, movies, and other content. And it has created opportunities for online platforms like Apple, Spotify, and Netflix to attract users - and earn revenue - by making available vast catalogues of content at the ready, to be accessed instantly as streams, downloads, or both.
Respondent (Apple Inc. and Apple Canada Inc.
• The sole issue before this Court is the proper interpretation of section 2.4(1.1) of the Copyright Act. Despite the fact that the provision simply clarifies the meaning of "communication to the public by telecommunication", the appellants argue that section 2.4(1.1) grants a free-standing right that is implicated whenever a work is made available to the public, i.e., uploaded online, regardless of whether the work is made available for communication purposes (i.e, for streaming) or solely for reproduction purposes (i.e., for downloading). The interpretation urged by the appellants on the Court is unsupported.
Given on top are the first overview paragraphs from the Appellant's Factum and the Respondent's Factum in Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2022 SCC 30. The Society of Composers, Authors and Music Publishers of Canada ("SOCAN") administers the right to "communicate" musical works on behalf of copyright owners. It filed proposed tariffs for communication through an online music service. Before the Copyright Board considered the tariffs, it had to decide whether "communication" includes downloads from the internet. The Copyright Board decided that communication does include downloads. The Federal Court of Appeal reversed that decision and held that communication does not include downloads.
For each paragraph, explain:
a) Which type of approach the paragraph illustrates,
b) What makes the paragraph effective, and
c) Whether there are aspects of the paragraph that you find less effective.