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  • Article

    Intellectual Property — Copyright - Federal Court of Appeal Dismisses Tariff 22.A Judicial Review Applications

    In a decision impacting Internet Service Providers, online music services and copyright owners, the Federal Court of Appeal has held that a download of a music file from an online music service to a single user is a communication of the musical work to the public under the Copyright Act.
    CanadaIntellectual Property
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Linking And Framing

    The concept of linking is fundamental to the Internet. Linking occurs when an image or reference on a website is selected, causing that document to be automatically displayed by the selecting party.
    CanadaIntellectual Property
    Goldman Sloan Nash & Haber LLP
    Goldman Sloan Nash & Haber LLP
  • Article

    Moral Right To Authorship Tied To Copyright

    The Federal Court of Appeal has upheld a finding that the Royal Canadian Legion did not infringe an author's moral rights by selling poppy patterned...
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Ownership Of Photograph By Employee

    While our last post dealt with the creation of photographs and other works of authorship by primates, robots and divine beings, this story is a little more grounded in facts that you might see in the average work day.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    Possible Extension For Term Of Protection For Copyright Owners

    In Canada, the Copyright Act currently providers owners with a term of protection lasting the life of all author(s) plus 50 years.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Posting Videos On Youtube – Copyright Infringement Or Not? The "Mash-Up" Provision

    Have you ever watched a YouTube video where the creator of the video used a popular song as the background music?
    CanadaIntellectual Property
    Courtney Aarbo Fuldauer LLP
    Courtney Aarbo Fuldauer LLP
  • Article

    Private Members Bill Proposing New Remuneration Rights For Journalists

    On 17 February 2021, Conservative Senator Claude Carignan introduced a private members bill, S-225, "An Act to amend the Copyright Act (remuneration for journalistic works)".
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Proposed Amendment To Copyright Act Seeks To Establish Artists' Resale Rights

    Bill C-516 was recently introduced as a private member’s bill in the House of Commons.
    CanadaIntellectual Property
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Significant And Controversial Proposed Amendments To Canadian Copyright Act

    On June 12, 2008, the Conservative federal government tabled Bill C-61 to amend the Copyright Act, describing it as a “made in Canada” solution to bring it in line with advances in telecommunications technology and current international standards.
    CanadaIntellectual Property
    Torys
    Torys
  • Article

    Software Licensing And Development: A Case Study

    This recent decision provides a good case study on software development, licensing and copyright issues.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    Staged Approach To Implementation Of Copyright Modernization Act Set To Begin

    On October 25, 2012, the Canadian government began the process of bringing Bill C-11, the Copyright Modernization Act, into force.
    CanadaIntellectual Property
    Cassels
    Cassels
  • Article

    Supreme Court Of Canada Confirms A Two-Part Approach To Fair Dealing Analysis And Finds That Providing Online Previews Of Musical Works Constitutes Fair Dealing Research: SOCAN v. Bell Canada (2012 SCC 36)

    The issue before the Court was whether music previews available to consumers through commercial music stores on the Internet were covered by the fair dealing exception such that no royalties should be paid to copyright owners.
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    Supreme Court Of Canada Declines To Review Moral Rights To Designs

    The Supreme Court of Canada ("SCC") has dismissed an application to appeal the federal court of appeal decision in French v. Royal Canadian Legion (Dominion Command) ("French").
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Video

    The Copyright Modernization Act (Presentation)

    In this presentation, Rob McDonald outlines the key amendments to the Copyright Act and explains how Canada's copyright laws will change with the new Copyright Modernization Act.
    CanadaIntellectual Property
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    The Essential A-Z Of IP

    Did you know that intellectual property is one of a business' most valuable assets?
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    The Supreme Court Rules In Rogers Communications Inc. v Voltage Pictures, LLC

    The latest ruling in this long running skirmish has wide-reaching implications.
    CanadaIntellectual Property
    McKercher LLP
    McKercher LLP
  • Article

    Theft, Pie and the Public Domain

    The power of social media was on full display this past week, as the unauthorized publication of a recipe for apple pie drew a quick and virulent online response.
    CanadaIntellectual Property
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Update From The Canadian Intellectual Property Office

    Amid the spread of COVID-19 and social distancing, the Canadian Intellectual Property Office (CIPO) has advised of the precautionary measures they are taking.
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    USPTO During Shutdown

    Canadian patent, copyright and trade-mark applicants take note: the USPTO has indicated that it will remain open despite the pending shutdown of US government offices and agencies.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    Amended "Copyright Act" - Updated Advertisers And Marketers

    Following three previous attempts to amend the "Copyright Act", Bill C-11 came into force on November 7, 2012.
    CanadaMedia, Telecoms, IT, Entertainment
    Gowling WLG
    Gowling WLG
  • Showing 141–160 of 1815 results

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