Breaking News Series: Supreme Court of Canada Rules on “Making Available”

When: August 3, 2022 at 12:00pm - 12:45pm EDT - This event has passed


On July 15, 2022, the Supreme Court of Canada released its highly-anticipated decision in Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30. In the decision, the Supreme Court ruled on the scope of protection available under Canadian copyright law when content is made available to the public for on-demand access on the Internet. It is the first decision of the Court to consider the “making available” section of the Canadian Copyright Act (s. 2.4(1.1)) since it came into force as part of the Copyright Modernization Act ten years ago. The decision also provides important guidance on several related issues, including the scope of the exclusive right to “authorize” the reproduction of a work and the appropriate use of an international treaty—in this case, the WIPO Copyright Treaty—in the interpretation of a domestic statute.
Join our speakers as they provide a breakdown of the ESA 2022 decision and discuss its broad importance for, and potential impact on, all stakeholders in the arenas of licensing, collective administration, and enforcement.




Ysolde Gendreau is professor at the Faculty of Law of the Université de Montréal where she teaches intellectual property law. She has been invited to teach at several universities in Canada, France, the United States, and Australia and has been featured in numerous conferences. Her main field of expertise is copyright law, especially comparative and international issues. She has published extensively, both in Canada and abroad. She is a Vice-President of ALAI and a former President of ALAI Canada, as well as an associate member of the International Academy of Comparative Law. 



David Vaver is Emeritus Professor in Intellectual Property & Information Technology Law in the University of Oxford and a former director of the Oxford IP Research Centre. He is currently Professor of Intellectual Property Law at Osgoode Hall Law School in Toronto and delivered last year’s Donald C. Brace Memorial Lecture on “User Rights: Fair Use and Beyond”. His many books and articles are cited routinely by Canadian courts, including the Supreme Court of Canada.




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CLE credit will not be offered for this 45-minute breaking news update.


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