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News and discussion on implementing risk management

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Ontario Court of Appeal confirms broad scope of Crown copyright

In order to protect their ownership of copyright, organisations whose works might be published by the government should obtain any necessary assignments or waivers, since the Crown copyright regime does not apply if there is a private arrangement with the work’s author.

 

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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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Intellectual property belongs to employer despite contract dispute

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When an employment relationship involves intellectual property created by an employee, the employer must take special care in the employment contract to consider who owns the IP.

 

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Let’s go crazy: How a dancing baby changed online copyright law

When Stephanie Lenz took a video of her cute baby dancing to the song Let’s Go Crazy by Prince, she could not have anticipated that the video would change the law of online copyright infringement.

 

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No copyright and trade-mark rights in most metatags

This case is the most recent in a small line of cases concerning the intellectual property implications, or lack thereof, in using website metatags formulated based on a competitor’s website or trade-marks. While the Court’s findings are fact specific, many aspects of the decision may make it difficult for brand owners to assert rights where they find that their trade-marks or trade-names have been used as metatags in a third party competitor’s website.

 

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The future of insolvency

Industry Canada sought public input on the state and future of Canada’s insolvency legislation through early 2014. Interested parties can review the issues in the agency’s discussion paper on the statutory review of the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act.

 

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Copyright notice and notice regime to come into force

The Government of Canada has announced that the “Notice and Notice” regime established by Bill C-11, “An Act to Amend the Copyright Act”, is expected to come into force in January 2015. The amendments will provide for a mandatory notification scheme for online copyright infringement.

 

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Bill aims to curtail trade in counterfeit goods

The federal government has introduced a Bill to make it more difficult to export, import and sell counterfeit goods, and to expand on what may be registered as a trademark and simplify the registration process. The proposed Combating Counterfeit Products Act (Bill C-56) would amend the Copyright Act, the Trade-marks Act, the Criminal Code of Canada and other Acts.

 

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Upcoming changes to the Uniform Unclaimed Intangible Property Act

The Canadian government established the Unclaimed Intangible Property Actin 1989 to create legislation around reuniting people and corporations with their unclaimed property, but that statute was not proclaimed in force. The Uniform Unclaimed Intangible Property Act, which arose in 2003, was created as model for each province in Canada to use as needed to design their own legislative framework for unclaimed property law.

 

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Year-end round-up

Like most of you, I’m sure, I was extra busy before Christmas last year, and to top it all off, I got sick and had to leave some things unfinished. So I couldn’t bring you this brief round-up of things that happened in the last three months of 2011, much of which has to do with technology and how employers will use it to interact with employees and customers. But it’s a new year and I’ve recovered from my illness and my holidays, so without further ado…

 

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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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