Originality

Law, Culture, Critique

On May 10, 2013, York University’s Osgoode Hall Law School Graduate Law Student Association (GLSA) held a two day Graduate Student Law Conference at the Oakham House at Ryerson University in downtown Toronto.

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.

The “Word” Is Not Enough: New Cybercrime Prevention Act Leaves Philippine Plagiarists Criminally Vulnerable (UPDATED)

The institution of a controversial new Cybercrime Prevention Act in the Philippines may leave plagiarists subject to criminal sanctions. The penalty for the plagiarism depends on the number of prior offences, but first-time infringers can expect up to one to three years in prison.

Whose Copyright Reigns Supreme? Copyright and Reality Television Shows

The battle’s heating up, but this time it’s not in kitchen stadium – it’s in the courthouse. Today’s secret ingredient – copyright which protects reality TV shows such as Iron Chef, American Idol, Real World, Most Extreme Elimination Challenge (MXC) and Big Brother.

Shattering the ‘Glass House’: The Mounting Legal Woes Between ABC and CBS

Life in a Glass House, ABC’s forthcoming reality show that is noticeably reminiscent of CBS’ Big Brother, is poised to air in a number of weeks, irrespective of the vigorous legal efforts on the behalf of CBS to suppress its release.

Copyright at the Edge of Artistic Creativity

Part of what makes studying the creative arts from a legal perspective so fascinating is the diversity of forms that art takes, and the ways in which law is sometimes underprepared to deal with issues brought forward through art. A classic instance of this problem is the case of Rick Gibson, a Canadian artist who […]

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 […]

Mt. Everest Skydive Footage Lands In Court

In Slater v Wimmer [2012] EWPCC 7, a cameraman claims copyright infringement after a skydiver provided some footage of what was billed as “the first tandem skydive over Mount Everest” to a Danish television show. As an aside, it turns out the skydive occurred about 20 km away from Everest and the adventure company that […]

Advocate-General’s Gumption Could Keep the ‘Fun’ in Computer Functions

Advocate-General of the European Court of Justice (ECJ), Yves Bot’s opinion at the end of last year, on SAS Institute Inc. v. World Programming Ltd., was based on the High Court of England and Wales’ preliminary judgment for the same case. Issued on 29 November 2011, Adv.-Gen. Bot focused on specific provisions of Directives 91/250/EEC […]

Kettle Of Fish: The Concept Of Originality In Protecting Photographic Works

  Andrew Baker is a LLB/BCL candidate at McGill University Faculty of Law. A decision of the Cour de Cassation de la France has led to some uncertainty as to when a photograph constitutes an intellectual work subject to protection.