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Moral Rights

DMCA Used to Enforce Moral Rights in Video Games

DMCA Used to Enforce Moral Rights in Video Games

In the United States, moral rights are protected at the federal level through section 106A of the U.S. Copyright Code.[1] The provision provides for the right of attribution and the right of integrity to authors of certain works only. Specifically, authors of works of visual art, which is defined as a painting, drawing, print or […]

This is Why You Have an Editor: Politics, Plagiarism, and Copyright

This is Why You Have an Editor: Politics, Plagiarism, and Copyright

The inescapable world of U.S. politics, especially in an election year, consistently offers much legal debate. Somewhat less often, politicians and their entourages accidentally wade into the domain of intellectual property law. Politicians have famously gotten themselves into controversies by using musical works without the artists’ permission (though, without strong moral rights in the U.S., […]

Osgoode Wins Best Factum, Takes 2nd Place at the 2016 Fox IP Moot

Osgoode Wins Best Factum, Takes 2nd Place at the 2016 Fox IP Moot

A preeminent Canadian artist named Ann Phibian. Her shaded-in line drawing of a leaping frog titled “50 Shades of Green” and the public domain painting it was based on titled “One Giant Leap”. A graphic designer named Baron Greenback. The problem for the 2016 annual Harold G. Fox Moot was packed with as many amphibious […]

A Moral Right to Graffiti?

A Moral Right to Graffiti?

A group of high-profile New York aerosol artists is attempting to invoke a seldom-used US statutory provision to prevent the destruction of a collection of buildings containing its works of graffiti. The buildings known as 5Pointz are an outdoor art space for aerosol artists and the self-described “graffiti Mecca” of the world. Over the past […]

User Generated Content: Generating More Questions than Answers

User Generated Content: Generating More Questions than Answers

IP Osgoode and the Genest Memorial Fund hosted an electric and vibrant panel on Thursday, October 10 to discuss the newly enacted User-Generated Content (UGC) provision in the Copyright Act. While there were many disagreements between proponents and skeptics of the provision, the panellists all seemed to agree on one thing - it’s legislative ambiguity.

International Aspects of the New User-Generated Content Exception in the Copyright Act

International Aspects of the New User-Generated Content Exception in the Copyright Act

On October 10, Osgoode Hall Law School hosted a symposium on User Generated Content under Canadian Copyright Law. The final panel of the day featured IP Osgoode Advisory Board member Barry Sookman and Prof. Joost Blom, who each gave a talk on the broader international context of the UGC exception created by recent amendments to […]

European Court of Justice Provides Narrow Answer to Question of Jurisdiction for Internet-based Copyright Infringement

European Court of Justice Provides Narrow Answer to Question of Jurisdiction for Internet-based Copyright Infringement

Let’s assume you’re a French musician part of a hip British indie-rock band. 30 years later, you discover that an Austrian company has been making unauthorized CDs and a UK-based outfit has been selling them online.  Can your home court in France hear your action against the Austrian CD manufacturer?  According to a recent preliminary […]

Law, Culture, Critique

Law, Culture, Critique

On May 10, 2013, York University’s Osgoode Hall Law School Graduate Law Student Association (GLSA) held a two day Graduate Student Law Conference at the Oakham House at Ryerson University in downtown Toronto.