University fair use policies were dealt a blow in October when the U.S. Court of Appeals for the 11th Circuit reversed the District Court ruling in Cambridge Press v Georgia State University (GSU).
It’s hardly surprising that politicians and members of the press often find themselves at odds with one another, as the two have a long history of conflicting priorities and mandates. Yet the two entities occupy complementary and at times oppositional roles in serving the public good. The recent debate surrounding leaked information about possible copyright […]
Recent research is shining a new light onto the Supreme Court of Canada’s (SCC) decision that is said to have “reconceptualized” fair dealing as an integral part of copyright law in Canada (Craig, p. 449). During a 29 September 2014 lecture in the IPOsgoode Speaks Series, Dr. Emily Hudson, the Career Development Fellow in Intellectual Property Law at the Oxford […]
For the first time in some twenty years, Canada’s copyright law framework is set for the foreseeable future. Previous attempts (in 2005, 2008, and 2010) to update the country’s copyright legislation for contemporary realities were stalled or aborted due to the problematics of successive minority governments during the mid-2000s. After attaining a parliamentary majority in 2011, the […]
Creating YouTube videos incorporating copyright protected works is a commonplace, often amateur pursuit of today's tech-savvy cultural 'consumers' and no one is making money off of it, right?... Wrong!
When I first read the Supreme Court of Canada's landmark decision in CCH Canadian Ltd v Law Society of Upper Canada concerning the concept of originality in copyright law, I thought something was amiss. According to the Copyright Act, copyright shall subsist in every original literary, dramatic, musical and artistic work; however, "original" is not […]
An Ontario Superior Court has rejected a class action settlement between the publisher Thomson Reuters and a collection of Canadian lawyers and law firms, stating that the proposed settlement is not “fair, reasonable, or in the best interests of the Class Members.” The proposed settlement would have seen Thomson Reuters fund a trust for public […]
Copyright ownership in Ellen Degeneres' famous Oscar Twitter Selfie, which holds the record for most retweets, might be unclear, but for the average citizen sharing the picture, it doesn’t matter much. Canada’s fair dealing and the United States’ fair use exemptions cover the most common types of sharing and dissemination of the image.
In July 2013, the Hong Kong government conducted a public consultation on the treatment of parody under the copyright regime. Building on two earlier consultations on digital copyright reform in December 2006 and April 2008, this latest consultation identified three legislative options: (1) clarifying the threshold for criminal copyright infringement; (2) introducing a specific criminal […]
Dubious and likely illegal image scraping is alive and well. And outside of particularly public, harmful cases like Rehtaeh Parsons’ photo ending up on a dating site, few organizations or governments seem to be effectively coordinating to stop the practice.