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Originality

IP Osgoode Speaks Series featuring Dr. Abraham Drassinower: What's Wrong with Copying?

IP Osgoode Speaks Series featuring Dr. Abraham Drassinower: What's Wrong with Copying?

On March 11, the IP Osgoode Speaks Series hosted University of Toronto’s Professor Abraham Drassinower to present his new book, What’s Wrong with Copying? His presentation was followed with comments by Professor Bita Amani from Queen’s University, as well as Osgoode’s own Professor Carys Craig; each of whom offered insightful critiques of Drassinower’s book.

Attacking the Attack Ads: Broadcasters Strike Back

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 […]

The User-Generated Content Exception: Moving Away from a Non-Commercial Requirement

The User-Generated Content Exception: Moving Away from a Non-Commercial Requirement

Introduction In December 2006, Time magazine celebrated “You” as the person of the year.[1]  In the article, Lev Grossman stated that our history is no longer shaped by a few famous men but by all of us who are part of the new Web.[2]  He applauded the fact that over the past year: We made […]

When Choosing the Street (Art) Life Leads to the Court Life Choosing You

When Choosing the Street (Art) Life Leads to the Court Life Choosing You

After Starbucks, American Eagle and Roberto Cavalli, it is now Moschino and its designer Jeremy Scott’s turn (yes, again) to face the latest street art copyright infringement case. Joseph Tierny — a New York artist commonly known as Rime — is accusing Moschino and Scott of “inexplicably plac[ing] [his] art on their highest-profile apparel without his knowledge […]

‘United We Play’ or ‘United We Sue Away’? The Copyrightability of Sports Moves

‘United We Play’ or ‘United We Sue Away’? The Copyrightability of Sports Moves

With the Pan Am and Parapan Am Games (the “Games”) upon us, IP enthusiasts are eagerly debating the issues surrounding the Games with respect to – well, IP law. One of the many debates permeating conversations is whether athletes can protect sports moves as intellectual property. For example, can a swimmer copyright a secret way of pulling their arms through water? […]

Happy Birthday to Whom?: New Litigation Challenges Copyright Ownership in “the World’s Most Popular Song”

Happy Birthday to Whom?: New Litigation Challenges Copyright Ownership in “the World’s Most Popular Song”

Most members of the public might be surprised to hear that “Happy Birthday to You” is apparently still subject to copyright protection in the United States, let alone that it is the subject of litigation aptly described by the New York Times as a “lawsuit for the ages.”

User Generated Content: Generating More Questions than Answers

User Generated Content: Generating More Questions than Answers

IP Osgoode and the Genest Memorial Fund hosted an electric and vibrant panel on Thursday, October 10 to discuss the newly enacted User-Generated Content (UGC) provision in the Copyright Act. While there were many disagreements between proponents and skeptics of the provision, the panellists all seemed to agree on one thing - it’s legislative ambiguity.