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The Supreme Court of Canada will decide whether Internet service providers are broadcasters when they distribute media content and video material online.
Hearings are expected to begin in 2012, although the court did not stipulate a date in its announcement of upcoming judgments to be rendered.
As more and more consumption of TV programming and feature length films takes place through the Internet and via portable media devices, the question of whether ISPs or mobile providers should be seen as conventional broadcasters in terms of their legal and copyright obligations.
Should the court decide that they are broadcasting, ISPs will become subject to regulation by the Canadian Radio-television and Telecommunications Commission (CRTC) under the Broadcasting Act of 1991.
The question is not a new one.
Government agencies and other courts has asked: Do retail ISPs carry on, in whole or in part, "broadcasting undertakings" subject to the Broadcasting Act, S.C. 1991,c. 11 when, in their role as ISPs, they provide access through the Internet to "broadcasting" requested by end users?
Previous court rulings have stated that ISPs are outside the reach of the CRTC, as they did not have an impact of digital copyright liabilities. That ruling was upheld on first appeal, but it will now be up to the Court to review previous rulings and opinions, and hear the latest appeal.
Several media industry groups and organizations are making the appeal, including the Alliance of Canada Cinema, Television & Radio Artists (ACTRA), Canadian Media Production Association (CMPA), Directors Guild of Canada (DGC) and Writers Guild of Canada (WGC). They feel ISPs are acting like broadcasters, and should therefore be held accountable for certain licensing and rights payments as a result of their content distribution operations.
On the other side of the argument, the country's largest ISPs, including Bell, Rogers, Shaw Videotron MTS and Cogeco, arguing against the impact of potential fee increases while noting they are merely one among many players involved in online media distribution.
The Court also announced it will look at other digital media related issues, such as the rights associated with music distributed online, such as in video games or web portals.
The CRTC has also been asked to look at ownership issues surrounding digital online companies such as Netflix.
Source: mediacaster | March 25, 2011
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