Small Claims Court Makes Some Big Decisions about Fair Dealing and TPMs

In the recently released decision 1395804 Ontario Limited c.o.b. Blacklock’s Reporter v Canadian Vintners Association, the Ottawa small claims court ruled in an interesting way on fair dealing that might have some far-reaching implications if nothing overrules it. Reading a strict interpretation of CCH and the Copyright Act, deputy judge Lyon Gilbert reached the conclusion […]

US: Safe Harbour No Longer

On October 6, 2015, the European Court of Justice declared that the Safe Harbour program - a framework which allowed efficient transfer of personal data between European Union (EU) member states and the US - was invalid. Over 4,000 companies, including data giants such as Facebook, Microsoft, and Google, relied on the Safe Harbour program […]

ASCAP and BMI Consent Decrees Review: Should Partial Rights Withdrawals be Allowed?

Last year the US Department of Justice (DOJ) announced that it was opening a review of antitrust consent decrees that govern the activities of two major US performing rights organizations (PROs): the American Society of Composers and Publishers (ASCAP) and Broadcast Music Inc. (BMI). The organizations administer public performance rights and collect royalties on behalf […]

Copyright, Disability and Social Inclusion: the Marrakesh Treaty and the Role of Non-signatories

Of Rights and Reservations Access to knowledge has always been at the forefront of the international discourse on intellectual property.[1] The idea that a system designed to encourage creativity and foster innovation must allocate exclusive rights to authors and artists is as old as the Statute of Anne.[2] The same statute, however, provides that this […]