IP Osgoode Speaker Series: Douglas Pepper On Book Publishing in a Digital Age

On February 13, 2013, enthusiasts of the written word were treated to a lunchtime talk by Mr. Douglas Pepper, a long-time veteran of the North American publishing industry and the current President of Random House/McClelland Stewart; additionally, Mr. Pepper has also recently co-founded a non-fiction imprint, Signal. The event, which took place as part of […]

SOCAN I Say I Had a Great Time Last Semester in Osgoode’s IP Intensive Program?

I write this blog as a final rumination on the past two and half months of my law school life, which have been spent at the copyright collective known as the Society of Composers, Authors and Music Publishers of Canada (SOCAN). I think I can safely say that the time I have spent there has […]

Vandals, Remixed: The Copyrightability of “Defaced” Works

Adam Del Gobbo’s recent post addressed some pertinent issues surrounding remix culture, which is outlined in Professor Lawrence Lessig’s 2008 book, Remix:  Making Art and Commerce Thrive in the Hybrid Economy.

Fairly Dealt: Strong Statement by the SCC in Alberta (Education) v. Access Copyright

One of the recent pentalogy of copyright decisions that has forever changed Canadian copyright law is Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37. The decision focused on the concept of fair dealing, and its application to photocopying books for educational purposes.

R.I.P. ACTA (For Now)

While North American IP enthusiasts had likely been pre-occupied with the controversy surrounding the stalled American anti-internet piracy bills known as SOPA and PIPA (covered by IP Osgoode here), Europe has been struggling to deal with the Anti-Counterfeiting Trade Agreement (ACTA). Even though it was designed to be an international framework for improved intellectual property […]

Happy(?) Birthday, Bill C-11!

After years of debate (almost 15, to be precise) and numerous revisions and cancellations (4, to be precise), Bill C-11 or An Act to Amend the Copyright Act, arguably the most controversial set of changes to the Canadian Copyright Act (R.S.C., 1985, c. C-42), has just been passed by a vote of 158 to 135. […]

Pepsi’s Deepest, Darkest (Trade) Secret Might Soon Be Revealed

In 2007, Pepsico (“Pepsi”), makers of its namesake fizzy drink did their competitors, The Coca Cola Company (“Coke”) a good turn, by turning in two Coke employees who tried to sell its secret recipe to Pepsi. This decision on Pepsi’s part can be read as a mixture of sound business acumen, legal sense and some […]

It’s Official: Functionality is Uncopyrightable, Says the European Court of Justice

In November 2011, the Advocate-General of the European Court of Justice (ECJ), Yves Bot, issued an influential but non-binding legal opinion, positing that the functional aspects of computer programs should not be protected under copyright law. To do so would be against the interests of fair dealing, by preventing decompilation and reverse engineering, among other […]

Advocate-General’s Gumption Could Keep the ‘Fun’ in Computer Functions

Advocate-General of the European Court of Justice (ECJ), Yves Bot’s opinion at the end of last year, on SAS Institute Inc. v. World Programming Ltd., was based on the High Court of England and Wales’ preliminary judgment for the same case. Issued on 29 November 2011, Adv.-Gen. Bot focused on specific provisions of Directives 91/250/EEC […]

On Suspending SOPA and Piping PIPA Down

If the past month is any indication at all, 2012 is going to be an eventful year for intellectual property legislation, at least in the US and Canada. The controversy over the twin anti-digital piracy bills— the Stop Online Piracy Act (SOPA), and the Protect Intellectual Property Act (PIPA)— has gained much attention, particularly because […]