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Ownership

The Property Attributes of Copyright

Featured here is a summary of Pascale Chapdelaine’s paper recently published in the Buffalo Intellectual Property Law Journal and now available here. Whether copyright is property continues to ignite passionate debate, more than 300 years after the entry into force of the Statute of Anne.  At the heart of the controversy lie various conceptions of […]

Intellectual Property, Politicians, and the Press: Who’s Protecting the Public Good?

It’s hardly surprising that politicians and members of the press often find themselves at odds with one another, as the two have a long history of conflicting priorities and mandates. Yet the two entities occupy complementary and at times oppositional roles in serving the public good. The recent debate surrounding leaked information about possible copyright […]

N-C-Double Don’t: Student-Athletes’ Likenesses No Longer Free for Use

A landmark ruling on Friday August 8, 2014 determined that the National Collegiate Athletic Association  (the “NCAA”) can no longer stop its athletes from selling the rights to their own names, likenesses, and images. As such, major college student-athletes in men’s football and basketball could walk away from their locker rooms with gym bags full of […]

Making the CBC/Radio-Canada’s Giant Castle More User-Friendly

The culture industries appear to be at a crossroads. Shifting advertising practices as well as audience viewing and consumption habits continue to contribute to new challenges and opportunities for media and entertainment providers throughout the world. With its new “A Space for All of Us” strategy, Canada’s national public broadcaster – the Canadian Broadcasting Corporation/Radio-Canada […]

Marvel’s Misadventures in the Kirby Copyright Chronicles

Marvel may have to call in The Avengers for help with this one. The comic giant filed papers on July 14th arguing to the U.S. Supreme Court that it should not review the Second Circuit appeal court's decision in Marvel Characters, Inc. v Kirby. The case concerned whether the estate of legendary comic book artist Jack Kirby […]

Garcia v Google Inc.: Copyright Ownership, ISP Liability and the Future of Freedom of Expression

In a stunning decision recently released by the United States Court of Appeals for the Ninth Circuit, Google was ordered to remove the now-infamous film, “Innocence of Muslims”, from YouTube. While the ruling challenges traditional understandings of copyright ownership and protected expression under US copyright law, the Court’s unprecedented opinion also has significant implications for […]