Renvoi: Lex Situs Conflictus

Canadian Conflict of Laws Blawg by Seva Batkin

Posts Tagged ‘copyright act’

RaSC Litmus Test: Copyright Tariffs and International Communications

Posted by Seva on October 31, 2008

Real and substantial connection is an inherently imprecise concept; its existence determined based on the full factual matrix of a particular matter. While fine for regular litigation, where the judge has the inherent jurisdiction to make this determination, it appears somewhat deficient in administrative contexts, where the jurisdiction should be determined via a standard test capable of being applied by non-judicial personnel. It appears that the Copyright Board of Canada was up to this challenge, elucidating just such a test in its recent decision on webcasting tariffs (see also discussion of this decision on Michael Geist’s blog).

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