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Ownership

The Google Books Ripple Effect

The Google Books Ripple Effect

Michael John Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School The leviathan known as the Google Books project may have far reaching consequences for international copyright law, as well as, the potential violation of antitrust law and the terms of international treaties, as a recent Globe and Mail article […]

Reanimation: A call for IP Re-interpretation?

Reanimation: A call for IP Re-interpretation?

Parisa Nikfarjam is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. Digital technology has made it possible to resurrect dead celebrities, by way of digital clones created from photos and footages, and to manipulate their image such that they can be a part of new creative projects. This process, […]

How to Approach Non-Practicing Entities

How to Approach Non-Practicing Entities

Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. Using various processes or technologies is a minefield. Patent trolls or non practicing entities (NPE) are a large part of the problem. Knowing how to deal with their likes becomes a matter of legal tactics and strategy. However, before getting into potential solutions, we […]

Team Conan Leaving Jokes Behind

Team Conan Leaving Jokes Behind

Stu Freen is a JD candidate at Osgoode Hall Law School. As details of Conan O’Brien’s severance deal with NBC leak out, it seems that at least one thing won’t be travelling with Conan to wherever he ends up: His signature characters and comedy bits. NBC has reportedly staked out the IP rights in classic […]

Copyright Woes of a Games Designer

Copyright Woes of a Games Designer

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. The British case Burrows v. Smith was recently noted by the 1709 copyright blog. In this case, a computer games designer (Stuart Burrows) tries to claim ownership of his own work after having already sold it to a prior employer. Burrows developed an initial […]

A Wait and See Approach to privacy in Genomics

A Wait and See Approach to privacy in Genomics

Virgil Cojocaru is a JD Candidate at Osgoode Hall Law School. deCODE Genetics, an Icelandic firm that offers customers private DNA tests has filed for bankruptcy. Customers would typically take a genetic sample from the inside of their cheek and would mail it to the address provided.  deCODE Genetics would calculate the chances of a person […]

Revised Google Books Settlement: Orphan works and competition

Revised Google Books Settlement: Orphan works and competition

Billy Barnes is a JD candidate at the University of Toronto. Last Friday, Google filed a revised settlement agreement for the class action law suit regarding its Google Book Search service. The settlement addresses many complaints directed at the original proposed settlement in October 2008. The two most important of these are the handling of […]

Gospel, Gold Diggers, and Gum Trees: How Sampling Litigation Changes the Tune

Gospel, Gold Diggers, and Gum Trees: How Sampling Litigation Changes the Tune

Ren Bucholz is a JD candidate at Osgoode Hall and is taking the Intellectual Property Theory course. Copyright holders, like musicians, have a knack for riffing on ideas from the past.  Consider the many variations of the copyright infringement lawsuit.  Every year brings more examples of a rights-holder who hears some element of their song, […]

Bill C-61 and DRM: How the Canadian Constitution ensures a balance of copyrights

Bill C-61 and DRM: How the Canadian Constitution ensures a balance of copyrights

Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. Professor Emir Aly Crowne-Mohammed and Yonatan Rozenszajn argue in their article, DRM Roll Please: Is Digital Rights Management Legislation Unconstitutional in Canada? that the Digital Rights Management (DRM) Provisions in Bill C-61 are ultra vires (Latin for "beyond the powers") of Parliament’s power under […]