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Consuming and creating digital media in the era of COVID-19: Copyright rules to remember

The recent increased activity in the consumption and creation of digital media because of social distancing makes it a prime time for a copyright law refresher.

 

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Interlocutory injunctions in trademark cases: A POWERful tool—when available

As Canadian trademark practitioners know, it has generally been difficult to obtain interlocutory (or interim) injunctions in trademark infringement matters, particularly at the Federal Court of Canada.

 

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Copyright or trademark protection? Sometimes, it’s both

In general parlance the terms “copyright”, “trademark”, and “patent” are often incorrectly interchanged, much to the chagrin of IP practitioners. While all three types of IP are very different, they are inextricably linked in many cases.

 

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When copyright in a work transfers to the Crown: Keatley v. Teranet

When does copyright transfer to the Crown under the Copyright Act? The Supreme Court clarified this in a landmark ruling released earlier today in Keatley Surveying Ltd. v. Teranet Inc., 2019 SCC 43, authoritatively interpreting Section 12 of the Act.

 

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Paradigm shift 2: More recommended changes to Canadian copyright law announced

On June 3, 2019, Parliament’s Standing Committee on Industry, Science and Technology released its Statutory Review of the Copyright Act. Section 92 of the Copyright Act mandates that the Act must be reviewed every five years by a parliamentary committee, and this Statutory Review was the first comprehensive review conducted since the overhaul of Canada’s copyright legislation in 2012 with the adoption of the Copyright Modernization Act.

 

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Notice-and-notice regime in Canada: Don’t include a settlement offer in your copyright infringement notice

Under the “Notice-and-Notice” regime, copyright owners may send a written notice to any Canadian they suspect of infringing their copyright through an internet service provider or host.

 

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Canadian government’s IP strategy seeks to boost innovation, increase IP literacy, and rein-in patent trolls

The intellectual property (IP) strategy, unveiled by the Government of Canada recently, aims to boost Canadian innovation and presence in the global technological market by enhancing IP awareness and savviness, introducing IP education and advice programs, offering strategic IP tools for growth, and implementing legislative amendments. The government plans to invest $83.5 million over five years to help Canadian businesses understand, protect and access IP.

 

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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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