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Infringement

Copyright Infringement of Tiny Photos Leads to Gigantic Award

Copyright Infringement of Tiny Photos Leads to Gigantic Award

An American photographer has been making headlines after receiving a massive award for copyright infringement by a health supplement website in relation to two of his photographs. It took 5 years, but on October 11, 2013 Andrew Paul Leonard was awarded $1.6 million in damages to be paid by Stemtech Health Sciences and its distributor.

Pirates of the Caribbean: US Intellectual Property Rights to Walk the Plank?

Pirates of the Caribbean: US Intellectual Property Rights to Walk the Plank?

The government of Antigua and Barbuda has recently published a press release detailing their plans on establishing a statutory body to oversee the monetization and exploitation of the suspension of American intellectual property rights. The World Trade Organization (WTO) authorized the suspension of US IP rights in the small twin-island nation earlier this year. The organization overseeing these developments, the WTO Remedies Implementation Committee, is in the […]

Happy Birthday to Whom?: New Litigation Challenges Copyright Ownership in “the World’s Most Popular Song”

Happy Birthday to Whom?: New Litigation Challenges Copyright Ownership in “the World’s Most Popular Song”

Most members of the public might be surprised to hear that “Happy Birthday to You” is apparently still subject to copyright protection in the United States, let alone that it is the subject of litigation aptly described by the New York Times as a “lawsuit for the ages.”

Improving the Patent Law Lottery by Reforming Damages

Improving the Patent Law Lottery by Reforming Damages

A key feature of any patent system is the right of enforcement available for infringement. Of the various recourses available in Canada, damages are the default remedy. Care is therefore necessary to ensure the correct level of damages is awarded, if only because undeservedly large or small damages awards may hurt innovation by depleting the […]

A “Raging Bull” Won't Quit: The Doctrine of Delay and Copyright Infringement

A “Raging Bull” Won't Quit: The Doctrine of Delay and Copyright Infringement

Rules define sport. In boxing, a fighter who is knocked down has a ten-second count to stand up and continue the match. If they fail, they are declared “knocked out” and their opponent wins. Rules also define law - except that in the world of law, the fighter can be declared “knocked out” before they […]

When the Internet Has a Party, Everyone's Invited: IP Law Issues at the Internet Governance Forum 2013

When the Internet Has a Party, Everyone's Invited: IP Law Issues at the Internet Governance Forum 2013

There is a little-known place in the world where you can approach absolutely anyone—a Brazilian federal minister or WIPO legal officer; a policy manager at Google or the world's leading cybersecurity expert; an Indonesian LGBT activist or Pakistani digital rights advocate; or someone at some intersection of civil society, government, business, academia, law, technology, or […]

Caught in the Stat: LSE Receives Criticism for its Report on Copyright in the Music Industry

Caught in the Stat: LSE Receives Criticism for its Report on Copyright in the Music Industry

Mark Twain once said that "facts are stubborn things, but statistics are pliable." Now, many believe that the London School of Economics applied their statistics a tad too flexibly this fall when its Media Policy Project Series Editors released a brief advocating that the United Kingdom not implement its expected Digital Economy Act 2010 (DEA).

Diagnosing Ontario's Electronic Medical Records Bill: Healthier, but Not Out of the Woods Yet

Diagnosing Ontario's Electronic Medical Records Bill: Healthier, but Not Out of the Woods Yet

The Ontario Government's new electronic health records bill has passed its second reading. The Electronic Personal Health Information Protection Act (Bill 78, EPHIPA or EHR Act), is a responsive and important - yet still wanting - update to Ontario's 2004 electronic health records legislation.