Part of what makes studying the creative arts from a legal perspective so fascinating is the diversity of forms that art takes, and the ways in which law is sometimes underprepared to deal with issues brought forward through art. A classic instance of this problem is the case of Rick Gibson, a Canadian artist who [...]

Posted in Copyright, Feature Post, IP, Music Industry, Originality
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On February 21, 2012, Judge Perell of the Ontario Superior Court of Justice granted certification for a proposed class action suit under the Class Proceedings Act, 1992, S.O. 1992, c. C.6 against Thomson Reuters Canada Limited in Waldman v Thomson Reuters Corporation. The suit was launched by Mr. Lorne Waldman, an Ontario lawyer specializing in [...]

Posted in Canada, Copyright, Fair Dealing, Feature Post, Infringement, Internet, IP, Licensees, Literary Works, Originality
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In Slater v Wimmer [2012] EWPCC 7, a cameraman claims copyright infringement after a skydiver provided some footage of what was billed as “the first tandem skydive over Mount Everest” to a Danish television show. As an aside, it turns out the skydive occurred about 20 km away from Everest and the adventure company that [...]

Posted in Copyright, Infringement, Licensees, Originality, Ownership, UK
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Advocate-General of the European Court of Justice (ECJ), Yves Bot’s opinion at the end of last year, on SAS Institute Inc. v. World Programming Ltd., was based on the High Court of England and Wales’ preliminary judgment for the same case. Issued on 29 November 2011, Adv.-Gen. Bot focused on specific provisions of Directives 91/250/EEC [...]

Posted in Copyright, European Union, Licensees, Originality, Ownership, UK
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