The main issue that this thesis deals with is the interaction between the Supreme Court of Canada’s recent decision in ESA vs. SOCAN and the new making available right introduced in Canada’s Copyright Modernization Act. The thesis analyzes the approach of the Supreme Court of Canada in ESA vs. SOCAN and examines the legislative history of the making available right on both global and domestic levels. A conclusion drawn by this thesis is that, the scope of the communication right in Canada’s Copyright Act should be expanded after the introduction of the making available right in order to cover a variety of digital transmissions including downloading, P2P file sharing and other interactive transmissions.

The main issue that this thesis deals with is the interaction between the Supreme Court of Canada’s recent decision in ESA vs. SOCAN and the new making available right introduced in Canada’s Copyright Modernization Act. The thesis analyzes the approach of the Supreme Court of Canada in ESA vs. SOCAN and examines the legislative history of the making available right on both global and domestic levels. A conclusion drawn by this thesis is that, the scope of the communication right in Canada’s Copyright Act should be expanded after the introduction of the making available right in order to cover a variety of digital transmissions including downloading, P2P file sharing and other interactive transmissions.