infringement

Shiver Me Timbers! US Court Declines to Exert Jurisdiction Over Pirate Joe's

In the past, Canada has been labeled as a pirate haven, but this is now literally true for Trader Joe’s lovers in Vancouver. 

Examining User Generated Content from an Industry Perspective

On October 10, 2013, IP Osgoode hosted a full-day symposium on “User Generated Content Under Canadian Copyright Law” discussing the new UGC copyright exception with guest speakers from government, industry, private practice, and academia.  After a morning showcasing examples of user-generated content (“UGC”) – including a DJ Lance Romance track, Psycho slowed down to 24 […]

"REPORT and OPINION on the making available and communication to the public in the internet environment – focus on linking techniques on the Internet" Adopted Unanimously by The Executive Committee of ALAI

The exclusive right of “making available” under the WCT [WIPO Copyright Treaty] and the implementing EU legislation cover the offering to the public of a work for individualized streaming or downloading; in addition, where it takes place, the actual transmission of a work to members of the public also is covered, both irrespective of the […]

European Court of Justice Provides Narrow Answer to Question of Jurisdiction for Internet-based Copyright Infringement

Let’s assume you’re a French musician part of a hip British indie-rock band. 30 years later, you discover that an Austrian company has been making unauthorized CDs and a UK-based outfit has been selling them online.  Can your home court in France hear your action against the Austrian CD manufacturer?  According to a recent preliminary […]

Strike Three, Viacom

If at first you don’t succeed, Viacom, try try again?  On April 18, 2013, Judge Louise Stanton of the 2nd Circuit District Court effectively wrote the last chapter in the epic one billion dollar copyright battle between Viacom and YouTube.

AEREO, Cable, What's The Difference?

The world of copyright law is constantly evolving and adapting to changes and innovations.  No case better captures this ongoing evolution than the recent American decision of WNET, THIRTEEN, FOX TELEVISION STATIONS, INC. v. AEREO, INC.

Bill C-56 Remedies: Rights Holders Can All Feel a Little Safer

Bill C-56, the “Combating Counterfeit Products Act”, went through its first reading on March 1st 2013. The primary goal of the bill, from the perspective of the government, is to modernize our infringement legislation in order to better protect consumers and businesses from counterfeit goods.

A Link to Infringement

Football Dataco Ltd and others v Stan James plc and others v Sportradar Gmbh and another (hereafter “Dataco”) involved the use of a database by an unauthorized person.  While the decision itself deals primarily with database rights, the court makes one finding which has implications outside of the area of database protection.

US first sale doctrine: Proudly made in the USA

The American Bar Association (ABA) recently urged the Supreme Court of the United States to affirm the decision of the Court of Appeal, 2nd Circuit, in John Wiley & Sons, Inc. v. Kirtsaeng.

The “Word” Is Not Enough: New Cybercrime Prevention Act Leaves Philippine Plagiarists Criminally Vulnerable (UPDATED)

The institution of a controversial new Cybercrime Prevention Act in the Philippines may leave plagiarists subject to criminal sanctions. The penalty for the plagiarism depends on the number of prior offences, but first-time infringers can expect up to one to three years in prison.