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Literary Works

You Better Watch Out…For These Five Supreme Court Of Canada Cases

Giuseppina D’Agostino is the Founder and Director of IP Osgoode, the Founder and Director of the new IP Intensive Program, and an Associate Professor at Osgoode Hall Law School. This December copyright is coming to town!  Five historic hearings at the Supreme Court of Canada and a brand new copyright bill in Parliament have the […]

EU Affirms Commitment To Homegrown Google Books Alternative

Ben Farrow is a JD candidate at Osgoode Hall Law School. On October 27, 2011 the European Commission adopted a recommendation (2011/711/EU) calling for the nations of the EU to pool their resources and renew their commitment to the digitisation of European cultural texts and artifacts. These cultural materials are stored in Europe’s digital library, […]

European Libraries And Copyright Owners Reach Understanding On Out-Of-Commerce Works

Brent Randall is a JD candidate at the University of Ottawa. The European Comission recently facilitated the signing of a Memorandum of Understanding (MOU) between European libraries, publishers, authors and their collecting societies.  The MOU sets out key principles that allow cultural institutions in Europe, such as libraries, an easier way to digitizing out-of-commerce books […]

Authors’ Groups File Complaint Against Google For Mass Copyright Infringement

Mekhala Chaubal is a JD candidate at Osgoode Hall Law School. The dust over Google’s 6-year long litigation with the Authors Guild has not even begun to settle, when already the next copyright infringement dispute between the two parties seems to be looming. For more information regarding the now-infamous Google Books Lawsuit, see the article […]

First Sale Doctrine Only Applies To American Made Works

Matt Lonsdale is a graduate of the Schulich School of Law at Dalhousie University. The US Court of Appeals, Second Circuit has affirmed that the “first sale” doctrine of US copyright law, codified as section 109(a) of the Copyright Act, does not apply to works manufactured outside of the United States.

US Court of Appeals Rejects Freelance Authors’ Settlement In Follow Up To Tasini Precedent

Nora Sleeth is a JD candidate at Osgoode Hall Law School. The National Writers Union, The Authors Guild, and the American Society of Journalists and Authors, along with 21 individual writers, have filed a class action lawsuit against several major print and electronic publications. On August 17, 2011, the US Court of Appeals for the […]

22 American Universities Form Coalition To Implement Open Access Policies

Kalen Lumsden is a JD candidate at Osgoode Hall Law School. The University of Kansas, one of the first universities with a formal open access policy, along with 21 other universities, have joined together to form the Coalition of Open Access Policy Institutions (COAPI). Their mandate will be to craft policies to implement open access […]

Marvel Wins Right To Retain Copyrights Of Comic Characters

Taylor Vanderhelm is a JD candidate at the University of Alberta. Marvel Worldwide Inc. won its case to retain the copyrights to comic characters against the estate of legendary comic creator Jack Kirby. The suit was in response to Kirby’s heirs filing of 45 notices of copyright termination in order to reassert their claim to […]

Friendly Courts And Western Benefactors Support Chinese Piracy

Dan Whalen is a JD candidate at Osgoode Hall Law School. Online file-sharing company Xunlei Limited recently announced that it has indefinitely postponed its initial public offering and NASDAQ listing due to unfavourable market conditions. Although some would claim the setback as a small victory against a leading copyright pirate, inspection of the company’s continued […]

Could This Headline Be Copyrighted? UK CA Rules On Protection Of Headlines And Extracts

Brent Randall is a JD candidate at the University of Ottawa. England and Wales Court of Appeal ruled on July 27, 2011 that headlines are capable “of being literary works independent of the article to which they relate” and that using article extracts without the author’s permission could constitute copyright infringement of the work.