Should all copies be treated the same way for the purposes of Copyright? If the CBC’s internal content management system creates incidental copies of audio works during the creation or broadcast of a television program or movie, does it enage the owner’s Copyright under s 3(1)(d) of the Copyright Act [the “Act”]? What incentives do Canada’s […]
The Honourable Mr. Marshall Rothstein is a tough act to follow, especially when recounting his own majority decision. At the recent UNPACK SODRAC: Technological Change and Copyright Tariffs after CBC v SODRAC (SCC 2015) symposium, the former Supreme Court justice stood firmly by his decision in the case during his keynote address. The panelists during […]
The Trans-Pacific Partnership (“TPP”) agreement pages of both the Office of the United States Trade Representative and the White House display an understandable, if not provocative, logo extolling that the trade deal is “Made in America”. For a trade deal whose negotiations spanned the length of President Obama’s term in office, this is hardly surprising: with the end of […]
IP Osgoode recently hosted the Orphan Works Hackathon at Osgoode Hall Law School. Typically, a hackathon brings together professionals from a common field, such as computer programming, and assigns them a complex problem to solve. The organizers of the Orphan Works Hackathon used the same premise but invited a broad spectrum of stakeholders of orphan […]
The Event Over the course of three days in early February 2016, IP Osgoode played host to the Orphan Works Licencing Portal Hackathon, a multidisciplinary and international event that resulted in a memorable proposal for an “Orphan Hunter.” While that may sound more like a discarded Stephen King draft than a solution to an important […]
2015 was an eventful year in intellectual property (IP) law worldwide. Canada in particular saw a lot of activity across all three major areas of IP in both legislation and jurisprudence. Topping the IP news charts was the proposed ratification of the Trans-Pacific Partnership (TPP): a wide-ranging international deal negotiated by twelve nations, including Canada.
New Year’s Day is synonymous with new beginnings, and 2016 will be no exception. Mein Kampf (“My Struggle”), the manifesto in which Adolf Hitler explains his vision for Germany’s future and his political ideologies, will be falling into the public domain on January 1st, 2016. A French publishing house named Fayard, along with a few German editors, have […]
The re-posting of this comment is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective. On November 4th and 5th 2015 the Italian Judge Permanent Training Program for the Court of Milan (Hon. Francesca Fiecconi), with the collaboration of AIPPI Italian Group (Ms Renata Righetti, Avv.ti Giorgio […]
Political attack ads are a Canadian electoral staple, compressing incriminating, damning and provoking footage into 30-second media bites. Typically, the subject matter is harvested from archived footage of the target captured under the media’s ever-watchful lens. Political parties have freely taken to exploiting news materials without the consent of originating news agencies. Broadcasters strongly condemn […]
Jim Bouton, one of the designated hitters represented by the Authors Guild took another swing at Google Books services program in the United States Court of Appeal (2nd Circuit) (“the Court”). The Court rejected the copyright challenge brought forward by the Authors Guild and concluded that Google’s activities were transformative in nature and thus fell […]