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Choosing the Right IP Counsel is an Important Decision So go with the proven team. Industry- leading experience and track record to match; more appearances in court than any other ip firm's lawyers; more wins, better results. Ask around. Dimock Stratton delivers. Dimock Stratton llp experience. results. 20 Queen W. 32nd fl, Toronto | 416.971.7202 | dimock.com ntitled-1 1 LEGAL REPORT/INTELLECTUAL PROERTY Composers, Authors and Music Publishers of Canada, the Su- preme Court looked at whether musical works were com- munications to the public under s. 3(1)(f). The SCC relied on the majority's decision in ESA v. SOCAN to find that when a musical work is downloaded, it is not "communicated" by tele- communication. However, it went on to find that when musi- cal work is streamed, it is a communication to the public and subject to royalties. Chisick says the majority in ESA v. SOCAN ignored the fact shouldn't be an additional cost for the use of more efficient, Internet-based technologies. In the related case of Rogers Communications v. Society of that so many of the costs in the retail world are absent in the digital world. He notes the digital retailer doesn't have the costs of manufacturing, shipping, paying sales staff, and physical premises. He says the case will take away a potential three-cent royalty from creators of musical works, a savings he can't see online music providers passing on to consumers. He doesn't believe online users will see a significant difference in price. Daigle points out that the real winners here are online music providers, not consumers. He notes that SOCAN's sister societies in Europe are paid royalties for downloads. He adds that Bill C-11, which introduces a "making available" right, may have the effect of re-establishing copyrights for downloads of musical works. He expects there will be debate on whether 12-09-06 2:12 PM Sim Lowman Ashton & McKay LLP Started in 1970, Sim Lowman Ashton & McKay LLP was then led by Harold Fox Q.C., Donald Sim Q.C. and Roger Hughes Q.C. (now Mr. Justice Hughes of the Federal Court) all of whom were pre-eminent Canadian IP counsel during their time in practice. The Firm has played a long term role in the development of Canadian IP law, as counsel in such cases as: Monsanto Canada Inc. v. Schmeiser, CCH Canada Ltd. v. Law Society of Upper Canada, Euro-Excellence Inc. v . Kraft Canada Inc., Proctor & Gamble v Canada, Allied Signal v. DuPont , Imperial Oil v. Lubrizol, Walt Disney v. Triple 5, ConsolBoard Inc. v. McMillan Bloedel and Beloit v. JM Voith GMbH. It has also grown to represent clients in disputes errors and omissions, general commercial litigation and in IP arbitrations. The Firms' patent agents include Electrical Engineers and four Ph.D.s in Chemistry, Biochemistry, Clinical Biochemistry and Materials Sciences and Engineering. 44 OCTO BER 2012 www.CANADIAN Lawyermag.com SimMcBurney_CL_Oct_12.indd 1 12-09-07 10:53 AM