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Tariffbusters: Does the CBC v SODRAC decision debunk the "Mandatory Tariff Theory

Tariffbusters: Does the CBC v SODRAC decision debunk the "Mandatory Tariff Theory

Introduction to the panel After two exciting and lively debates on the principle of technological neutrality (see Sebastian Beck-Watt’s coverage here) and reproduction rights (see Paul Blizzard’s coverage here), IP Osgoode’s Unpack SODRAC symposium turned to a new panel to ‘unpack’ the paragraphs of CBC v SODRAC [SODRAC] concerning the mandatory (or not) nature of tariffs […]

Shifting technological neutrality into reverse: UNPACK SODRAC

Shifting technological neutrality into reverse: UNPACK SODRAC

Should all copies be treated the same way for the purposes of Copyright? If the CBC’s internal content management system creates incidental copies of audio works during the creation or broadcast of a television program or movie, does it enage the owner's Copyright under s 3(1)(d) of the Copyright Act [the "Act"]? What incentives do Canada’s […]

What Would You Do For a KitKat Bar?

What Would You Do For a KitKat Bar?

Is there any chocolate bar more recognizable than the KitKat? Maybe, but that does not make it special according to the recent decision from the Court of Justice of the European Union (“CJEU”) in Société des Produits Nestlé SA v Cadbury UK Ltd [Nestlé]. Nestlé has produced the KitKat chocolate bar for over 80 years. In 2010, the company filed an application […]