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Canada

Congratulations to Professor David Vaver, Inducted into the Order of Canada

This is a repost of Prof. Giuseppina D’Agostino’s blog dated July 5, 2016. IP Osgoode is delighted to congratulate Professor David Vaver on being inducted into the Order of Canada. Professor Vaver was acknowledged, on the eve of Canada Day on July 1, “for his leadership in intellectual property law as a scholar and mentor”.

Not-So-Compulsory Licence: a Proposed (and Rejected) Solution to Copyright Infringement in Derivative Musical Works

In a recent MTV news article, author Miles Raymer opined over the “hopelessly broken” state of the US copyright system. While such a sweeping statement clearly oversimplifies the state of copyright law in the digital era, there may be some truth to it. Raymer focuses particularly on the tension between an ever-increasing market for derivative works […]

Fair Dealing: What Can Be (Fairly) Criticized?

“A picture is worth a thousand words.” That remark might be trite, especially in the era of selfies and Instagram, but a book is more than just words and a photograph is more than just ink– the sum of those parts will have meaning or will depict something beyond any constituent elements. When such a […]

Privacy Commissioner Seeks Public Input on Consent Model

The re-posting of this article is part of a cross-posting agreement with CyberLex. On May 11, 2016, Privacy Commissioner Daniel Therrien announced the Office of the Privacy Commissioner of Canada (“OPC”) would seek public input on the issue of how Canadians can give meaningful consent to the collection, use and disclosure of their personal information […]

Maltz v Witterick: Facing the Facts on Copyright Protection for Historic Events

During the Holocaust, a Polish Catholic single mother, Francizska Halamajowa, secreted 15 Jews away from the Nazis. Two families hid for years in the hay loft of her pigsty, while another family lived under the floor in her kitchen. She also hid a deserter from the German army in her attic. To evade suspicion, she […]

Re Facebook Biometric Information Privacy Litigation

Canadian users of Facebook may be familiar with the process of “tagging” photos – adding the names of the people to images – but they may not be familiar with the ‘Tag Suggestion’ feature on Facebook. Tag Suggestions, which automatically scans photos uploaded to the social media site in an attempt to identify for the […]

Changes to Ontario’s Health Information Privacy Law Include Breach Notification, Increased Penalties

The re-posting of this article is part of a cross-posting agreement with CyberLex. Notification to affected individuals and regulators will be required in the event of unauthorized use or disclosure of personal health information under amendments to Ontario’s health information legislation. The Ontario legislature passed Bill 119[1] in May, which amended the Personal Health Information […]

Tariffbusters: Does the CBC v SODRAC decision debunk the “Mandatory Tariff Theory

Introduction to the panel After two exciting and lively debates on the principle of technological neutrality (see Sebastian Beck-Watt’s coverage here) and reproduction rights (see Paul Blizzard’s coverage here), IP Osgoode’s Unpack SODRAC symposium turned to a new panel to ‘unpack’ the paragraphs of CBC v SODRAC [SODRAC] concerning the mandatory (or not) nature of tariffs […]

Shifting technological neutrality into reverse: UNPACK SODRAC

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 […]