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Copyright

The Pruning Of Moral Rights in America: Does the Right Subsist in a Garden?

Leslie Chong is a JD candidate at Osgoode Hall Law School. Chapman Kelley v. Chicago Park District is a recent decision rendered in the United States Court of Appeals (Seventh Circuit) that questioned the extent an author’s moral rights may be protected in the United States. While the courts eventually held that no moral rights […]

Righthaven Seeks Appeal of Fair-Use Ruling

Matt Lonsdale is a JD candidate at Dalhousie University. U.S. copyright litigation corporation Righthaven is appealing an October ruling by a U.S. District Court judge that the copying of eight sentences of a newspaper article by a Las Vegas real estate agent qualifies as a “fair use” of the material under U.S. copyright law.

Global Copyright: Three Hundred Years Since the Statute of Anne, from 1709 to Cyberspace

Global Copyright: Three Hundred Years Since the Statute of Anne, from 1709 to Cyberspace, edited by Professors Lionel Bently (member of IP Osgoode’s International Advisory Council), Uma Suthersanen and Paul Torremans, celebrates the tri-centenary of modern copyright, which began with the enactment of the Statute of Anne by the British Parliament in 1709, and was soon followed […]

ACS:Law’s Notices of Discontinuance Ruled An Abuse Of Process

Matt Lonsdale is a JD candidate at Dalhousie University. In the recent British case of Media CAT Ltd v Adams & Ors, significant media attention created a public relations nightmare for the copyright holders who want to enforce their rights but do not wish to be perceived as bullies picking on sympathetic defendants.  Ultimately, the […]

Conflict and Compromise: A Review of Selected Bill C-32 Position Papers

Kyle Lavender is a JD candidate at Osgoode Hall Law School. The House of Commons has resumed hearings on the Copyright Modernization Act (Bill C-32). Amidst claims that the process of amending the Copyright Act has preceded at a “snail-like” pace, it is hopeful that position papers submitted to the House of Commons Legislative Committee on Bill C-32 […]

Alternative to the iPod, Cloud Technology and Music Sales

Aaron Kleinman is a first year JD candidate at Osgoode Hall Law School and currently enrolled in the course Law & Social Change: Law & Music, in Winter 2011. As part of the course requirements, students are asked to write a blog on a topic of their choice. Utilizing online services, like Grooveshark, Pandora, Spotify, […]

US Court Confirms: There is No Fair Use Exception to Digital Lock Provisions under the DMCA

Matt Lonsdale is a JD candidate at Dalhousie University. There has been heated debate in Canada regarding technological protection measures (TPMs), particularly against the backdrop of the amendments to the Copyright Act proposed by Bill C-32. At issue in many of these discussions is the extent to which circumventing TPMs should be illegal; for instance, […]

Fair Use for Poetry: Best Practices for Parody, Satire, Remixes, Epigraphs and Other Uses

Dan Whalen is a JD candidate at Osgoode Hall Law School. “Poetry, as a highly allusive art form, fundamentally relies on the poet’s ability to quote, to copy, and to ‘play’ with others’ language” – so says the Center for Social Media of American University (CSM).  CSM has assembled the Code of Best Practices in […]

To Mix or Not to Mix: Bill C-32 “Mash Up” Provision is Getting Attention

Wendy Serres is a first year JD candidate at Osgoode Hall Law School and currently enrolled in the course Law & Social Change: Law & Music, in Winter 2011. As part of the course requirements, students are asked to write a blog on a topic of their choice. DJs throughout Canada may well rejoice when […]