The recent situation concerning the Haka Ka Mate traditional dance is demonstrative that intellectual property law as it now stands, does not always provide the best fit. The Haka Ka Mate is a traditional dance that was composed by the Te Rauparaha of Ngati Toa to commemorate his escape from death. However, it is now […]
Recently Shepard Fairey, the creator of the famous Obama poster, filed a lawsuit in the U.S. against the Associated Press [AP]. Fairey is asking the federal court to declare that his poster did not infringe the copyright of AP’s photograph. AP claimed ownership of the image appearing on the poster. The image closely resembles a photograph taken […]
According to a recent article in The Globe and Mail, a pilot project called The Best of B.C. Books Online will endeavour to make about 1000 non-fiction titles, both new and back catalogue, available as electronic books. This will be achieved by purchasing electronic rights to non-fiction books from B.C. publishers, and making them accessible […]
Alberto Musso is Full Professor of Intellectual Property Law and Competition Law and Deputy-Dean of the School of Law at the University of Bologna. He also teaches Copyright and Publishing Law in the Masters program directed by Prof. U. Eco. Professor Musso is a member of IP Osgoode's international advisory council. Bologna-Rome: Zanichelli-Il foro italiano, 2008, […]
In 2007, Dan Heller, a freelance photographer, filed a proposal with the US Copyright Office. The proposal urged for the creation of a system of privately-run ‘Copyright Registrars’. The proposal describes a universal online system where a large number of private companies would be involved in the processing of copyright registration of original works. The […]
Tony Duarte (B.A., LL.B.) practices exclusively in the area of entertainment law and is an Adjunct Faculty member of Osgoode Hall Law School. Perhaps one of the most problematic rights clearance transactions for a producer of film or television production is the licensing of existing photos, film/video clips, or music to the producer for reuse […]
Chris Castle is Managing Partner of Christian L. Castle Attorneys, Los Angeles and San Francisco. Google has reached a settlement of the "Google Books" case brought by the Authors Guild and the Association of American Publishers against Google and several of Google's library business partners in the Google Books enterprise. (The 300-page settlement agreement has […]
Professor Abraham Drassinower (University of Toronto) has a new paper available on SSRN, "Canadian Originality: Remarks on a Judgment in Search of an Author". Professor Drassinower describes his paper below. The standard of originality in Canadian copyright law has recently undergone significant transformation. Traditionally a jurisdiction that, in the eyes of many, had adopted a […]
Lawrence Lessig, copyright activist and founder of Creative Commons, is promoting his new book “Remix”. In a recent Wall Street Journal column, he raises a number of criticisms of copyright law and suggests several reforms. One criticism focuses on YouTube and amateur videos that incorporate elements from copyrighted works. Lessig attempts to make his point […]