Canadian Intellectual Property Blog

OCTOBER 13, 2021

Hendley, 2021 FC 498 [ Winkler ], the Federal Court (the “Court”) addressed an unusual issue of copyright protection in a nonfictional work containing descriptions of events with questionable historical accuracy. In its decision, the Court reiterated that copyright protection does not extend to facts.

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IP and Legal Filings

AUGUST 14, 2023

Copyright is a more complicated problem. Per Article 5(2) of the Berne Convention [9] , copyright is established without the need for any further procedures. Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised.

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Copyright Infringement Law Copyright Intellectual Property 52

The IPKat

DECEMBER 19, 2022

EU trade agreements commonly include norms, which require partner countries to implement the EU’s own approach to copyright, geographical indications, or civil and customs enforcement of IP rights. AA norms, themselves based on deliberately vague provisions from Directive 2004/48/EC, were not written to be copied into a foreign legal order.

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IP Intellectual Property Law Copying 122

The IPKat

JANUARY 31, 2022

Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. The defendants (Castorama Polska and Knor) are accused of infringing the copyrights of the claimant (a company called TB). One image is depicted below.

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IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. 26, 2023, 11:00 AM), [link].

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Copyright Lately

MAY 17, 2021

Parody is tricky, both as an art form and as a matter of copyright law. And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Did SNL go too far?

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Intepat

APRIL 19, 2023

SCOPE OF PROTECTION UNDER COPYRIGHT LAW The Copyright Act, of 1957 defines “ literary work ” under section 2(o), to include computer programs, tables and compilations including computer databases. Copyright can protect certain kinds of CRIs, mainly computer software inventions.

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Michael Geist

JULY 20, 2022

For much of the past two decades, copyright groups have steadfastly sought to deny what the Supreme Court of Canada has repeatedly endorsed, namely that the purpose of Canadian copyright law is to serve the public interest by balancing users’ and authors’ rights. ” The decision – SOCAN v.

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Kluwer Copyright Blog

JUNE 17, 2021

So, it does reutilise the database’s content and by the fact that it previously copies and indexes the content of CV-Online Latvia’s database, it also extracts it. The decision fully follows AG Szpunar’s opinion and is a further confirmation of his strong influence on the copyright case law of the Court (see Derclaye’s 2020 empirical study ).

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IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. In law, the quality of an idea’s expression is given more weight.

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Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

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Michael Geist

AUGUST 5, 2021

Last week’s Supreme Court of Canada copyright decision in Access Copyright v. York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated.

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Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? You can judge for yourself by downloading a copy of “Jap Herron” here.

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Michael Geist

AUGUST 3, 2021

” The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights in copyright and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law.

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Copyright Copying Copyright Infringement Licensing 99

TorrentFreak

DECEMBER 31, 2022

Adblocking Does Not Constitute Copyright Infringement. In January, Axel Springer lost its copyright infringement lawsuit against Eyeo GmbH, the company behind Adblock Plus. In March, a high-quality Blu-ray copy of ‘Spider-Man: No Way Home’ leaked online , weeks before the official physical release. — 10.

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43(B)log

OCTOBER 13, 2021

The use of the song itself in the video was “best described as a wholesale copying of music to accompany a political campaign ad.” Also, the use here was commercial because “commercial” in §107 doesn’t mean commercial, but “whether the user stands to profit from exploitation of the copyrighted material without paying the customary price.”

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