Attacking the Attack Ads: Broadcasters Strike Back

Political attack ads are a Canadian electoral staple, compressing incriminating, damning and provoking footage into 30-second media bites. Typically, the subject matter is harvested from archived footage of the target captured under the media’s ever-watchful lens. Political parties have freely taken to exploiting news materials without the consent of originating news agencies. Broadcasters strongly condemn […]

Don’t Shoot The Messenger - Authors Guild v. Google, Inc.

Jim Bouton, one of the designated hitters represented by the Authors Guild took another swing at Google Books services program in the United States Court of Appeal (2nd Circuit) (“the Court”). The Court rejected the copyright challenge brought forward by the Authors Guild and concluded that Google’s activities were transformative in nature and thus fell […]

Branding Linguistics: What Coca-Cola and Chinese Bakeries have in Common

The emergence of Chinese brands has become a global phenomenon. Not only are there exports to and local marketing within the Chinese diaspora and later generations, but Western businesses are also merging with and acquiring Chinese businesses and Western trademarks are engaging in brand extension or cross-branding with Chinese mark owners. In doing so, unexpected […]

SCC to Consider Provincial Privacy Commissioner Powers to Compel Production of Privileged Documents

The re-posting of this article is part of a cross-posting agreement with CyberLex. The Supreme Court of Canada is revisiting the issue of whether a privacy commissioner can force disclosure of documents where solicitor-client privilege is asserted.

The Internet of Things: Guidance, Regulation and the Canadian Approach

The re-posting of this article is part of a cross-posting agreement with CyberLex. The Internet of Things (IoT) has been identified as a disruptive technology, bringing with it both the promise of seamless interconnectivity of devices and, the flip side of that interconnectivity, single-point vulnerability of multiple systems. While businesses rush to embrace the technology, […]

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 […]

Data Transfers from EU to US “unlawful”; EU Signals Enforcement Actions Possible After January, 2016

The re-posting of this article is part of a cross-posting agreement with CyberLex. On Friday, October 16, 2015, the Article 29 Working Party (“WP29”) released a statement on the decision of the Court of Justice of the European Union (“CJEU”) in the case Schrems v Data Protection Commissioner (C-362-14), the landmark decision which invalidated the […]