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Inside Internal Controls

News and discussion on implementing risk management

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Copyright Act

Federal court knocks TPM circumvention with significant damages award

In a major victory for Nintendo, the Federal Court of Canada awarded $12.7 million in damages for circumventing technological protection measures (TPMs) and copyright infringement.

 

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Court declines to apply fair dealing copyright exemption in news reporting case

In a recent decision, the Small Claims Division of the Court of Québec has found a newspaper liable for infringement of copyright and moral rights in photographs published without reference to the photographer.

 

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Website operator jailed for distributing copyright infringing copies of musical works: R v Evans

Is operating a website that provides links to torrent websites which facilitates unauthorized downloading of musical works a criminal offence? If so, can the operator of such sites expect jail time as punishment for this crime? In a recent decision of the English and Wales Court of Appeal, the accused, Mr Evans, was convicted of two offences of distributing infringing copies of musical works and was sentenced to 12 months in prison for these crimes.

 

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Ontario court decides ground-breaking online copyright case

Trader Corp v CarGurus Inc, a recent Ontario Superior Court decision, breaks a staggering amount of new ground in Canadian copyright law.

 

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Copyright year in review 2016

This article highlights noteworthy Canadian copyright law decisions and developments from 2016.

 

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Seggie v. Roofdog Games Inc.: Who is the author of videogame software for copyright purposes?

Last December, the Quebec Superior Court issued its decision in Seggie v. Roofdog Games Inc.[1], in which it attempted to clarify the notion of co-authorship (and by implication, copyright ownership) of a videogame. This case marks the first time that the issue of authorship of a videogame was ever considered by a Canadian court (and one of the very few Canadian cases to consider authorship of software more generally).

 

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Third time the charm for copyright reform?

The last copyright amendments in Canada happened in 1997, long, long before copyright piracy entered the mainstream. Now, the Conservative government will make its third attempt to update the law. Will this be their lucky time? The current bill is essentially the same as the previous effort, Bill C-32, which was thwarted after its second reading when the government fell earlier this year on a non-confidence motion. The newly elected government promised to reintroduce the amendments and pass them in short order, and here we are.

 

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New copyright bill tabled

For those of you haven’t been following the contentious reform of the existing and antiquated Copyright Act, this is the fed’s third crack at it. The Liberals tabled Bill C-60 in 2005, which was criticized for favouring the interests of copyright holders over consumers and died when Parliament was dissolved that year. The Conservatives tried again with Bill C-61 in 2008. It faced the same complaints, and disappeared when the government prorogued.

 

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