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Fair Dealing

Vandals, Remixed: The Copyrightability of “Defaced” Works

Adam Del Gobbo’s recent post addressed some pertinent issues surrounding remix culture, which is outlined in Professor Lawrence Lessig’s 2008 book, Remix:  Making Art and Commerce Thrive in the Hybrid Economy.

Google’s digital library wins fair use against Canadian writers

Won’t somebody think of the children!? A New York federal court judge will. A copyright infringement lawsuit by multiple authors’ groups – including two Canadian ones – against Google and several universities for their HathiTrust Digital Library book scanning and digital distribution has been dismissed.

IP Osgoode and Osgoode PD host Joint Teleseminar on Copyright Pentalogy

On September 13, 2012, IP Osgoode will be hosting a joint teleseminar with Osgoode Professional Development. The topic of the seminar will be the recent developments in copyright law as a result of Supreme Court rulings on 5 major copyright cases (known as the Copyright Pentalogy). For IP Osgoode coverage of the Copyright Pentalogy, see […]

Streaming of a Live Sporting Event is not a User Right

On May 13, 2012, the Supreme Court of Israel gave a landmark decision in Civil Appeal 9183/09 The Football Association Premier League Ltd v John Doe. The Court overturned a controversial decision by Judge Michal Agmon-Gonen of the District Court in Tel Aviv-Jaffa. In that case, Judge Agmon-Gonen used the mechanism of legal transplantation to […]

Considering Canada’s Supreme Court Decisions in this week’s WIPO Proceedings

As members of the international intellectual property community attend the 24th session of the Standing Committee on Copyright and Related Rights (SCCR), they are told to keep the spirit of Beijing alive, referring to the recently concluded Beijing Treaty on Audiovisual Performances. However, there is reason to keep another country’s spirit in mind as well. […]

SOCAN v. Bell: A Victory for Fair Dealing, Consumers?

Sometimes called “the Apple iTunes” case, SOCAN v Bell, 2012 SCC 36 was one of the five copyright rulings released by the Supreme Court of Canada last week. The case concluded that short preview clips streamed by online music retailers qualify as fair dealing for the purpose of research under s. 29 of the Copyright […]

The Fivefecta: Canada’s Supreme Court Releases 5 Significant Copyright Decisions

Without a background in horse racing, I feel comfortable expressing today as a “Fivefecta”. Since Monday’s announcement that the Supreme Court of Canada (“SCC”) would release judgments in five critically important copyright appeals heard on December 6 and 7, 2011, there has been a growing excitement in the Copyright community. The decisions from these appeals, […]

Not-so-Fair Dealing: How Access Copyright is Limiting Access to Copyrighted Materials

In light of the recent Quebec student protests (see here), and the support that the protests are gaining nationwide, one might suspect that there would be a general trend towards cheaper education in Canada. However, two recent cases suggest that while that may be the case in the U.S., the same may not be true […]

Happy(?) Birthday, Bill C-11!

After years of debate (almost 15, to be precise) and numerous revisions and cancellations (4, to be precise), Bill C-11 or An Act to Amend the Copyright Act, arguably the most controversial set of changes to the Canadian Copyright Act (R.S.C., 1985, c. C-42), has just been passed by a vote of 158 to 135. […]