User-Generated Content Under Canadian Copyright Law
User-Generated Content Under Canadian Copyright Law Featuring Professor Victor Nabhan Genest Global Faculty Thursday October 10, 2013, 9:30am to 5:00pm Osgoode Hall Law School, York University
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Copyright
The Context of the Supreme Court’s Copyright Cases
In the summer of 2012, the Supreme Court of Canada created history by simultaneously releasing five copyright judgments: Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada [ESA],[1] Rogers Communications Inc. v Society of Composers, Authors and Music Publishers of Canada [Rogers],[2] Society of Composers, Authors and Music Publishers of Canada […]
“The Hopper” Vaults Over Another Requested Injunction
Watching a television program only to have it cut to commercial during a dramatic scene has always been a frustrating, yet accepted, experience for those of us watching primetime television – until now. The Dish Network recently released technology which allows viewers to skip through commercial breaks, much to the dismay of broadcast networks, and […]
The Internet Taxi: Collective Management of Copyright and the Making Available Right, after the Pentalogy
Just after the adoption of Bill C-11,[1] the Supreme Court of Canada handed down five decisions, which are now referred to as the “pentalogy”, to follow the heretofore famous trilogy.[2] The pentalogy, like its three-legged predecessor, marked a significant shift in Canadian copyright policy. The five cases dealt in one form or another with collective […]
XBox One: (Not) Attempting to Modernize Through Monopolization
In late May 2013, Microsoft announced details of its new console, the XBox One, to be launched in November 2013. In addition to new games and technical improvements, consumers were surprised by Microsoft’s initial statement that that games on the system would be bound to a user’s account. The PR backlash caused Microsoft to change […]
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 […]
WIPO Conference: Bringing Copyrighted Works to Visually Impaired Persons and People with Print Disabilities
From June 18- 28, nation states were conducting negotiations for an international treaty to secure copyright exceptions for the visually impaired and people with print disabilities. These discussions, hosted by the World Intellectual Property Organization (WIPO), may secure the ability of nation states to allow conversion of published works to braille, large print and audio […]
REMINDER: Canada Day Is The Submission Deadline for Canada’s IP Writing Challenge!
Canada Day is fast-approaching. This means it’s also time to prepare your submissions to Canada’s IP Writing Challenge! The submission deadline is Monday July 1, at 5pm. The winner from each category will receive a prize of $1000 (CAD), publication on the IP Osgoode website, and consideration for publication in the Canadian Intellectual Property Review […]
Mamma Mia: Nintendo Flexes Copyright Against YouTube Video Game Reviewers
Embarrassing marketing gaffe or reasonable exercise of legal rights? Nintendo issues “Content ID match” claims on “Let’s Play” (LP) videos featuring their game franchises. Prolific YouTube user Zack Scott speaks out against the move.
The Arithmetic of Fair Dealing at the Supreme Court of Canada
In the 2012 Supreme Court of Canada copyright cases, the Court found an opportunity to redefine the law of fair dealing in Canada. While the Court acknowledged that fair dealing is a question of fact, and thereby properly adjudicated by triers of fact like the Copyright Board of Canada, the Court stepped in to revisit […]