A U.S. appellate court recently held in Jacobsen v. Katzer that copyright holders who dedicate their work for free public use are entitled to enforce an open-source copyright license to restrict the work’s future distribution and modification. The Court ruled that open-source licenses are enforceable under copyright law, not merely under contract law, thereby providing […]
Andrew Knight, a US novelist and a patent agent, was the first to apply for a patent on the unique plot of his novel. Although the US patent office rejected Knight’s application, the author intends to appeal to the Federal Circuit. Knight espouses that patent protection is crucial because copyrights are not enough to keep […]
German courts recently ruled against Google with regard to two cases involving indexing thumbnails of copyrighted images causing them to display with search results. The infringement cases were brought by a photographer and a comic artist. The Regional Court of Hamburg said that “By using photos in thumbnails, no new work is created” since the thumbnails […]
On October 13, President Bush signed a controversial bill that makes some important modifications to the existing American copyright and trademark regimes. The Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act toughens civil penalties for movie and music piracy and beefs up criminal sanctions for counterfeiters. Additionally, the bill creates a new office called the ‘International […]
Lawrence Lessig, copyright activist and founder of Creative Commons, is promoting his new book “Remix”. In a recent Wall Street Journal column, he raises a number of criticisms of copyright law and suggests several reforms. One criticism focuses on YouTube and amateur videos that incorporate elements from copyrighted works. Lessig attempts to make his point […]
On September 8, 2008, a New York federal court ruled that Steven Vander Ark is permanently enjoined from publishing his ‘Harry Potter Lexicon’. The Lexicon is an A to Z encyclopedia that consists of 2437 entries. The entries describe the creatures, characters, objects, events and places that exist in the world of Harry Potter. The […]
Last month, the SCC refused leave to appeal from the FCA’s decision in Canadian Wireless Telecommunications Association v. SOCAN. The FCA had undertaken the judicial review of a tariff decision by the Copyright Board. The tariff covered the communication of musical works, in the form of cell phone ringtones, from suppliers to subscribers. At issue […]
The New Zealand government has taken a novel approach to try to fix what seems to be a nagging problem for governments in today’s connected world: peer-to-peer file-sharing. On Oct. 3, Associate Commerce Minister Judith Tizard announced that recent copyright amendments will come into force, including a provision (92A) that requires internet service providers to […]
The definition of the boundaries of art, and the privileges of the people who produce ever-evolving art forms, have historically been contentious issues among the general public, however, household and classroom debates typically remained outside of the realm of copyrights. A recent article from the National Post spoke of a case where a photographer of graffiti […]
On June 12, 2008 the Ministers of Industry Canada and Canadian Heritage tabled Bill C-61 in Parliament. The Bill is expected to go to Second Reading at some point in the Fall at which stage will go to committee for review. You can find the Bill at: http://www2.parl.gc.ca/HousePublications/Publication.aspx?Docid=3570473&file=4 Since the Bill’s debut, copyright has been the […]