s. 29.1 of Canada’s Copyright Act provides that fair dealing for the purpose of criticism does not infringe copyright if the source is mentioned. The main issue then is whether parody – the use of humor or ridicule to point out some particular feature of the original work – is an acceptable form of criticism as per […]
It is no secret that counterfeit goods have been sold over the internet for years. Your relation to someone who has purchased some form of counterfeited good over the internet most probably follows the six degrees of separation rule. As a prominent source of the sale of counterfeit goods, U.S.-based eBay has been sued by […]
Stan Liebowitz is the Ashbel Smith Professor of Economics at the University of Texas at Dallas, School of Management. Economists and non-economists alike tend to be familiar with the phrase “creative destruction” and its implications that, although established firms may bemoan new innovation upsetting apple carts in their industry, and government may try to protect […]
This is the issue currently being considered in the US Congress through an attempt to introduce the Design Piracy Prohibition Act (Act). The Act was initially presented in 2006, but at that time the bill was criticized because the broad wording attempted to stop any design that was “substantially similar” to the original, which would […]
Catherine Bond is a PhD Candidate at the Faculty of Law, University of New South Wales, Australia. IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14 In mid-2008, when the High Court of Australia granted special leave to appeal in the copyright case IceTV Pty Ltd v Nine Network Australia Pty Ltd, […]
Jane Ginsburg is Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia Law School and Co-director, Kernochan Center for Law, Media and the Arts. Professor Ginsburg is also a member of IP Osgoode’s International Advisory Council. Professor Ginsburg has a new article forthcoming in WORKING WITHIN THE BOUNDARIES OF INTELLECTUAL PROPERTY, Rochelle Cooper […]
A recent article by Professor Emir Mohammed from the University of Windsor Faculty of Law challenges the Continental notion that moral rights, as granted by Canada’s Copyright Act, are solely personal rights innate to just “flesh and blood” authors. The article, entitled “Moral Rights and Mortal Rights in Canada”, was published in the April 2009 issue […]
Chris Castle is Managing Partner of Christian L. Castle Attorneys, Los Angeles and San Francisco. You’ve probably heard the expression “the long tail” used by Web 2.0 cognoscenti. Despite the largely uncritical acceptance the idea received a few years ago, research shows that for artists the “long tail” is the “wrong tale”. But it may […]
Pascale Chapdelaine is a Ph.D. candidate at Osgoode Hall Law School and a member of IP Osgoode. Pascale’s thesis focuses on the interaction between consumer law and copyright law. What is the consumer entitled to do with musical recordings for her own personal use? Asking this question may appear to some, including consumers, as looking […]
Afroditi Theodoridou is a PhD student at Osgoode Hall Law School. On April 16, 2009, the United States Court of Appeals for the Fourth Circuit affirmed the district court’s decision in favour of iParadigms who operates the “Turnitin Plagiarism Detection Service”. This online system evaluates the originality of submitted written assignments by comparing them with […]