CRA-ADC

Litigation

in cra-briefings37 · June 15, 2006

HEATHER ROBERTSON CASE TO BE REHEARD BY SCC

With the addition of Justice Rothstein to the bench, the Supreme Court of Canada has determined that the Heather Robertson class action case on behalf of freelance writers agains the Globe and Mail hould be reheard by the court. This rehearing will not mean that the whole proceeding will take place again, but rather that the tapes and transcripts of the hearing will be reviewed by the panel. This rehearing is an indication of the depth of Justice Rothstein’s experience and expertise in intellectual property matters. The court has not announced when this rehearing will take place, so a decision in this case may still be some time away. For more information on the Supreme Court’s schedule please see www.scc-csc.gc.ca or for the announcement of the rehearing see www.lexum.umontreal.ca.

DISPUTES OVER DOWNLOADING ROYALTIES CAUSE PROBLEMS FOR SONY/BMG

Sony BMG is being sued by two famous bands, Cheap Trick and the Allman Brothers. These Bands, which are seeking class action status for their proceedings allege, that Sony BMG has not paid them a fair royalty for the commercial download of their music. This issue arises because the contracts under which the recordings were made did not contemplate the digital distribution of music and did not specify the royalty distribution for this kind of use. The bands allege that they are being short-changed by the labels and are seeking remuneration for the same. For more information on this case see www.online.wsj.com.

RECORDING INDUSTRY ASSOCIATION OF AMERICA TARGETS PIRACY AT UNIVERSITIES

Though no law suits have been commenced, the Recording Industry Association of America together with the Motion Picture Association of American have sent 40 letters to universities and colleges in 25 states in the U.S. informing them of piracy problems occurring over the universities’ local networks. Sharing through P2P networks established on fast university systems is seen as a growing problem by industry associations. Fred Von Lohmann of the Electronic Frontier Foundation has asserted an alternative solution to the problem, suggesting that universities pay a licensing fee and “let the students do what they are going to do anyway.” For more information on this latest step by the RIAA see www.news.com.com.