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Fair Dealing

US Tax Funded Research: Sick of Pay-Per-View?

Free online access to tax-funded scientific research is the most recent movement by American open-access advocate group Access2Research.  The group calls for a policy similar to the one currently implemented by the National Institutes of Health (NIH).  New scientific papers, which were funded by the NIH, are deposited in the online databank PubMED within a […]

One Step Closer: Bill C-11

May 14, 2012 brings the latest attempt at copyright reform, Bill C-11 one step closer to fruition. Bill C-11 began with its Introduction and Initial Reading before the House in September of 2011, and is presently, as of May 14 2012, in its Report Stage. Otherwise known as Canada’s Copyright Modernization Act, Bill C-11 was […]

Sampling Questions Still Unsettled After Jay-Z/Kanye West Sampling Settlement

Jay-Z and Kanye West have decided to settle a sampling lawsuit brought forth by soul musician, Syl Johnson.  The pair was accused of illegally sampling one of Johnson’s songs on a track entitled, “The Joy,” on their joint album, Watch the Throne.  Johnson has had a history of pursuing rappers for sampling, including a $29 […]

The Saga Continues: Waldman v Thomson Reuters Corporation Class Action Certified

On February 21, 2012, Judge Perell of the Ontario Superior Court of Justice granted certification for a proposed class action suit under the Class Proceedings Act, 1992, S.O. 1992, c. C.6 against Thomson Reuters Canada Limited in Waldman v Thomson Reuters Corporation. The suit was launched by Mr. Lorne Waldman, an Ontario lawyer specializing in […]

Appropriation Art: Transformative or Infringing?

Modern concepts of art and creativity pose a challenge for traditional notions of copyright law. Last March, the United States District Court for the Southern District of New York ruled on the legality of appropriation art.

A Packed House At The Supreme Court of Canada for Five Ground-Breaking Copyright Cases

Tali Eliav and Stephen Hutchison are 2011–2012 articling students at Cassels Brock & Blackwell LLP. On December 6 and 7, 2011, the Supreme Court of Canada heard five critically important copyright appeals. We were lucky enough to assist with Cassels Brock’s submissions to the Court. We were also fortunate enough to have a seat in […]

You Better Watch Out…For These Five Supreme Court Of Canada Cases

Giuseppina D’Agostino is the Founder and Director of IP Osgoode, the Founder and Director of the new IP Intensive Program, and an Associate Professor at Osgoode Hall Law School. This December copyright is coming to town!  Five historic hearings at the Supreme Court of Canada and a brand new copyright bill in Parliament have the […]

Prof Drassinower On "Copyright Infringement As Compelled Speech"

Featured here is a paper by Abraham Drassinower, Associate Professor, Faculty of Law, University of Toronto. The paper's abstract is reproduced. In his paper entitled, “Copyright Infringement as Compelled Speech”, Professor Abraham Drassinower offers a rights-based account of copyright law, providing an expansive conception of the public domain. Its central proposition is that a "work" […]

Professor Carys Craig On Copyright Reform

Pauline Wong is the Assistant Director of IP Osgoode. In light of the introduction on September 29, 2011, of Bill C-11, the current copyright reform bill in Canada, we would like to highlight again commentary by Carys Craig, Associate Professor at Osgoode Hall Law School and Member of IP Osgoode, on issues raised by Bill […]