Copyright Reform

Few People Download Illegally, But Those That Do, Do It A Lot

The few, the mighty. That’s one way to describe illegal downloading habits.

To Poach a Mockingbird: Harper Lee’s Trade-mark Battle

So much for southern hospitality. Celebrated American author Harper Lee finds herself embroiled in a trademark clash for the right to register the title of her own 1961 Pulitzer-winning novel, To Kill a Mockingbird.

Implementing Fair Dealing in Copyright Law: Lessons from Australia

In June 2012, the Australian Law Reform Commission received terms of reference for a review of free exceptions and statutory licences in the Copyright Act 1968 (Cth).[1] The Commission’s Issues Paper, released in August 2012, contained fifty-five questions on which responses were sought.[2] The bulk of these questions focused on empirical and normative matters regarding discrete […]

Announcing the 2013 IP Intensive Program

We are pleased to announce details of the 2013 Intellectual Property Law and Technology Intensive Program.  The tremendously successful program is currently in its third year, but it is continuing to grow. We are excited to announce the offering of three brand new placements for 2013, and the return of an excellent placement from the […]

Acknowledging Copyright’s Illegitimate Offspring: User-Generated Content and Canadian Copyright Law

Bill C-11[1] provides for a new exception to infringement for user-generated content (UGC), along with new grounds for fair dealing. These provisions, combined with a strong and clear message  from the Supreme Court of Canada’s pentalogy of copyright cases  regarding users’ rights and the copyright balance, signal a new paradigm  for copyright law in Canada—one […]

Interflora – The Latest Legal Decision in the Blossoming Google AdWords Debate

The verdict is in for the lengthy European trade-mark battle between British flower competitors Marks and Spencer (M&S) and Interflora regarding Google AdWords and trade-mark infringement. Victory goes to the trade-mark holder, Interflora.

Technological Neutrality: (Pre)Serving the Purposes of Copyright Law

In the realm of law, neutrality is widely hailed as a fundamental principle of fairness, justice and equity; it is also, however, widely criticized as a myth that too often obscures the inevitable reality of perspective, interest or agenda. It should come as little surprise, then, that the principle of technological neutrality, recently employed by […]

A Cautionary Kudos: Canada Moves Up on USTR IP Watch List

Earlier this month, the United States Trade Representative (USTR) released its annual “Special 301 Report,” which evaluates the intellectual property rights (IPR) protection and enforcement of its trading partners. Over the last few years, Canada has been listed on the “Priority Watch List”, which is reserved for countries that have the most deficient IP protection […]

New Step for the Modernization of Copyright Law in the US – Progress or Regress?

During the celebration of World Intellectual Property Day on April 24, 2013, the US Committee on the Judiciary announced its intention to promote a comprehensive review of US copyright law in order to modernize copyright protection in the US.

Strike Three, Viacom

If at first you don’t succeed, Viacom, try try again?  On April 18, 2013, Judge Louise Stanton of the 2nd Circuit District Court effectively wrote the last chapter in the epic one billion dollar copyright battle between Viacom and YouTube.