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Copyright

Recent Trends in the Economics of Copyright

Recent Trends in the Economics of Copyright Edited by Ruth Towse and Richard Watt The book is part of an Elgar Publishing series, Recent Trends, and I was commissioned to edit this one on the Economics of Copyright. At the time, I was about to spend time in New Zealand with my friend and colleague from […]

Copyright law and policy articles in latest issue of Osgoode Hall Review of Law and Policy

Adrian Scotchmer is the Editor-in-Chief of the Osgoode Hall Review of Law and Policy. The latest issue of the Osgoode Hall Review of Law and Policy, released November 24, 2008, may be of interest to readers of IP Osgoode as it contains three papers regarding copyright law. Recent debate with respect to copyright law has assumed […]

Fair application of ‘Fair Dealing’: A look at uncertainties

In George Nathanael’s post titled “Protecting Graffiti Artists”, he proposed that withholding copyright protection for graffiti is the best response to the question of whether creators of graffiti should be protected the same way as other artists who create murals on their own property. The dilemma of rewarding someone who created a work of art in […]

Overlapping IP Protection – Is the Sky the Limit?

We live in an economy where manufacturers constantly strive to protect and increase their market share.  Strategic intellectual property protection can be a great way to ensure product exclusivity, but can, and should, a single product enjoy several different forms of IP protection? One area where this overlap can occur is between industrial designs and […]

The IceTV Hearing Cometh

Catherine Bond is a PhD Candidate at the Faculty of Law, University of New South Wales Today there are generally no surprises when it comes to copyright law. Earlier this year, when the Full Federal Court overturned the decision of Bennett J in Nine Network Australia Pty Ltd v IceTV Pty Ltd, there was disappointment, […]

Facebook Photos and Media Freeloading: An Unfair Deal

The user-oriented approach to copyright law expressed in CCH Canadian Ltd. v. Law Society of Upper Canada cannot be used to justify media freeloading under the guise of fair dealing.  After the death of Stefanie Rengel, four major Toronto newspapers ran photos of the victim that were taken from Facebook.  Does this practice falls under […]

Craigslist sex prankster slapped with $75k lawsuit

Craigslist is a popular free online website where people can advertise or seek information about jobs, personals and goods and services. Over two years ago, Jason Fortuny posted a fake ad on Craigslist, claiming that he was a female bondage enthusiast looking for someone “to give intense pain and discipline.” He then took the 178 […]

Sampling a Song can be Fair Use, Rules US Court

On August 8, 2008, a US Court ruled that fair use can be used as a defence to the copyright infringement of sound recordings.  In this case, EMI Records, the owners of copyright in John Lennon’s song “Imagine,” sued film producers for using a short clip of the song in their documentary.  The court finds […]

Facebook Free-For-All: Is the Media’s Use of Photos Fair Dealing or Freeloading?

The pervasiveness of the internet and the rise of online communities present new challenges to copyright law and the notion of fair dealing.  For instance – In the aftermath of the stabbing death of 14-year old Stefanie Rengel, all of Toronto’s daily newspapers ran photos of her taken from Facebook. Permission was not granted (or […]