August 24, 2011


Ottawa (Canada) - Fasken Martineau, a leading international business law and litigation firm, has identified its top Ottawa legal stories for August and has seasoned lawyers available to comment on the potential impacts on the local community.

1) What does the end of analog television really mean?

As of Aug. 31, Canadian television stations in major cities and those using channels 52 to 69 in other markets must cease analog transmission and switch to digital. (The exception is the CBC, which will be allowed to continue analog transmission in 22 markets for another year.) Given that about 92 per cent of Canadians already receive their television signals through cable and satellite distributors, this conversion is not expected to have a significant impact on many viewers, particularly those living in a metropolitan market such as Ottawa.

However, it does raise some interesting questions:

• What impact will the cessation of analog transmission have on those Canadian viewers who currently rely on analog over-the-air reception of television signals?
• What benefits will accrue to the Canadian government, Canadian viewers and wireless service providers as a result of the additional spectrum that will now be available for other uses?
• Will television broadcasters be able to leverage their digital transmission capabilities – which include offering a higher quality and higher resolution television signal and delivering additional audio and video services as part of the digital signal – to increase viewership?

Fasken Martineau partner Scott Prescott, a respected expert on the regulatory, policy and legal issues that affect the broadcasting and telecommunications industries, is available to put digital conversion in perspective.

2) How is copyright law impacting the cost of education?

Since 2005, Canadian elementary and secondary schools outside of Quebec have paid an annual tariff of $5.16 per student for the right to photocopy portions of copyright protected published works for distribution to their students. It represents a significant added cost which cash-strapped school boards must bear. The interpretation of "fair dealing" as defined under Canada's Copyright Act, which has been used to set a portion of the overall tariff, has come under criticism and resulted in a legal challenge that has progressed to the Supreme Court of Canada, which will hear the matter in early December.

This raises several questions:

• Should parents or educators have any reason for concern as another school year begins?
• How does the concept of fair dealing, as defined in current copyright law, figure into this case?
• What are the possible outcomes of this case and what will be the impact on copyright law, students and educators?

Fasken Martineau partner Aidan O'Neill, recognized as one of Canada's leading experts on copyright issues relating to the communications and new media sectors, is available to put this case in perspective and explain why it has progressed to the Supreme Court.

Members of the media who wish to speak with Scott Prescott or Aidan O'Neill are asked to contact Mathieu Rompré, media relations specialist, at 613 236 3882.

About Fasken Martineau DuMoulin LLP

Fasken Martineau is a leading international business law and litigation firm. With over 675 lawyers, the firm has offices in Vancouver, Calgary, Toronto, Ottawa, Montréal, Québec City, London, Paris and Johannesburg. For additional information, please visit the firm's website at www.fasken.com.