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Fair Dealing

Federal Court of Appeal Gives a Broad Interpretation to “Research” for Fair Dealing

Stuart Freen is a JD candidate at Osgoode Hall Law School Last week the Federal Court of Appeal upheld a 2007 Copyright Board decision concerning online music stores and those 30 second previews that are found on nearly every music download site. In doing so they endorsed a broad definition of the term “research” for […]

Digital Locks and the Fate of Fair Dealing in Canada: In Pursuit of ‘Prescriptive Parallelism’

Professor Carys Craig (Osgoode Hall Law School) has a new paper available on SSRN. Her article is described below. The enactment of anti-circumvention laws in Canada appears imminent and all but inevitable. This article considers the threats posed by technical protection measures and anti-circumvention laws to fair dealing and other lawful uses of protected works, […]

Gospel, Gold Diggers, and Gum Trees: How Sampling Litigation Changes the Tune

Ren Bucholz is a JD candidate at Osgoode Hall and is taking the Intellectual Property Theory course. Copyright holders, like musicians, have a knack for riffing on ideas from the past.  Consider the many variations of the copyright infringement lawsuit.  Every year brings more examples of a rights-holder who hears some element of their song, […]

Bill C-61 and DRM: How the Canadian Constitution ensures a balance of copyrights

Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. Professor Emir Aly Crowne-Mohammed and Yonatan Rozenszajn argue in their article, DRM Roll Please: Is Digital Rights Management Legislation Unconstitutional in Canada? that the Digital Rights Management (DRM) Provisions in Bill C-61 are ultra vires (Latin for “beyond the powers”) of Parliament’s power under […]

“Fairey Use” in the Courts: The Battle Over the Obama “Hope” Poster

Peter Waldkirch is a second year LL.B. student at the University of Ottawa. The copyright infringement lawsuit centering around the iconic Obama “Hope” image recently took a strange turn. On one side is the controversial artist Shepard Fairey, who produced the famous poster; on the other is the Associated Press, who claims ownership of the […]

Artmob: An Open-Source, Fair Dealing Content Management System for the Arts

Stuart Freen is a JD candidate at Osgoode Hall Law School. This past summer I was fortunate enough to work on Artmob, an interdisciplinary project here at York. Headed by Canada Research Chairs Rosemary Coombe and Christopher Innes along with Darren Wershler-Henry, Artmob is basically about building an online, open-source content management system for arts […]

Copyright for the masses? It’s not quite as black and white

Brian Chau is a JD candidate at Osgoode Hall Law School. Where do we draw the line between commercial and non-commercial uses? Is this view the same across content creators and users? A quick background Creative commons licences are designed to help content creators (who own the copyright) communicate to their users which rights they […]

A Stroke of Genius or Copyright Infringement? Mashups, Copyright, and Moral Rights in Canada

Graham Reynolds is an Assistant Professor in the Faculty of Law at Dalhousie University in Halifax, Nova Scotia, Canada, a member of Dalhousie Law School’s Law and Technology Institute and the Co-Editor-in-Chief of the Canadian Journal of Law and Technology.  He is also an IP Osgoode Research Affiliate. Have you ever wanted to see Metric’s […]

Movie Monsters, Fair Use and Best Practices in the U.S.

Patricia Aufderheide is a Professor in the School of Communication at American University in Washington.  She is also the Director of the Center for Social Media. The U.S. doctrine of fair use is getting a healthy workout, and it seems like every challenge is making it stronger. In fact, fair use is becoming a very […]