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Barry B. SookmanDirect Line: (416) 601-7949E-Mail:bsookman@mccarthy.caWebsites: mccarthy.ca; barrysookman.com
15th Annual Intellectual Property LawThe Year in ReviewCopyright Update
Law Society of Upper Canada
January 13, 2011
9976602
 
222
Canadian Decisions
 
333
Bell Canada v SOCAN(Tariff 22) 2010 FCA220
What is a communication to the public?
¬“In my view, there is authority to support the proposition that whether or not acommunication is a communication to the public is a function of two factors: theintention of the communicator,andthe reception of the communication by at leastone member of the public. If those two conditions are met, thenthere has been acommunication to the public.”¬“I would summarize my conclusions as follows. The Supreme Court’s conclusionin
CCH 
...is not authority for the proposition that no “point to point”communicationcan ever amount to a communication to the public. The Supreme Court’s caveat tothe effect that a series of repeated transmissions of the same work to numerousdifferent recipients might constitute a communication to the public is best understoodas a recognition that multiple transmissions of the same work could constituteevidence of an intention to communicate to the publicand, if they did, suchtransmissions would indeed constitute a communication to the public... Thus, Ibelieve that
CCH(SCC)
can be reconciled with this Court’s decision in
CWTA
.Finally, if there is an intention to communicate a work to the public, everycommunication of the work, starting with the first, is a communication to the public.”¬See also,
RecordTVPte Ltd v MediaCorpTV Singapore Pte Ltd 
[2010] SGCA43
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