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Subsidiary Rights

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 […]

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 […]

A Packed House At The Supreme Court of Canada for Five Ground-Breaking Copyright Cases

Tali Eliav and Stephen Hutchison are 2011–2012 articling students at Cassels Brock & Blackwell LLP. On December 6 and 7, 2011, the Supreme Court of Canada heard five critically important copyright appeals. We were lucky enough to assist with Cassels Brock’s submissions to the Court. We were also fortunate enough to have a seat in […]

How to Approach Non-Practicing Entities

Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. Using various processes or technologies is a minefield. Patent trolls or non practicing entities (NPE) are a large part of the problem. Knowing how to deal with their likes becomes a matter of legal tactics and strategy. However, before getting into potential solutions, we […]

IP’s role in the boardroom

Brian Chau is a JD candidate at Osgoode Hall Law School. “Intellectual Property is the oil of the 21st century. Look at the richest men a hundred years ago: they all made their money extracting natural resources or moving them around. All today’s richest men have made their money out of intellectual property” – Mark […]

Ruling Is a Victory for Supporters of Free Software

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 […]

French student arrested for posting non-authorized copies of Harry Potter

Being an enthusiastic fan of J.K Rowling’s Potter novels I was infuriated to hear the French student arrested for publishing his own translation of the seventh chapter of the Potter tale would not be prosecuted.  An agreement was made with J.K Rowling not to seek damages from the student for violation of intellectual property rights.  […]