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The Keller/O'Bannon Lawsuit: Why Canadians Should Care

The Keller/O'Bannon Lawsuit: Why Canadians Should Care

There is currently a live, ongoing legal dispute in California between former and current student athletes (SAs) and the National Collegiate Athletics Association (NCAA) which reveals that regulations defining collegiate eligibility did not foresee the nexus of new media technology and sport. Consequently, NCAA bylaws do not consider the effects of athlete intellectual property on […]

Why I Was Wrong About Originality

Why I Was Wrong About Originality

When I first read the Supreme Court of Canada's landmark decision in CCH Canadian Ltd v Law Society of Upper Canada concerning the concept of originality in copyright law, I thought something was amiss. According to the Copyright Act, copyright shall subsist in every original literary, dramatic, musical and artistic work; however, "original" is not […]