“You Own It, You Better Never Let It Go”: Distinguishing Permissible Borrowing from Copyright Infringement in Music

Can alterations in the sonic bed, piano figures, guitar and string lines in a musical composition save it from damages for copyright infringement of the original? The High Court of New Zealand rules “No” in its decision Eight Mile Style, LLC v. New Zealand National Party. The dispute arose after the New Zealand National Party […]

Why I Was Wrong About Originality

When I first read the Supreme Court of Canada's landmark decision in CCH Canadian Ltd v Law Society of Upper Canada concerning the concept of originality in copyright law, I thought something was amiss. According to the Copyright Act, copyright shall subsist in every original literary, dramatic, musical and artistic work; however, "original" is not […]

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.

Freedom of Expression or Copyright: Should one take precedence over the other?

Tony Pak is a J.D. candidate at Osgoode Hall and is taking the Intellectual Property Theory course. In Neil Netanel’s recent book titled, “Copyright’s Paradox”, he advocates for a copyright system that puts freedom of expression at the forefront. He argues that copyright has been thought of as a property right despite the fact that […]

Should Copyright Law Rethink Authorship?

Daniel Kennedy is a JD Candidate at Osgoode Hall and is taking the Intellectual Property Theory course. Like many words, “authorship” takes on distinct meaning in the realm of copyright law.  However, it may be difficult to divorce historical values associated with the term even when it is used in the legal realm.  In his article, “Copyright and […]

The findings of the High Court in IceTV v Nine Network Australia: A New Age of Copyright in Australia?

Catherine Bond is a PhD Candidate at the Faculty of Law, University of New South Wales, Australia. IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14 In mid-2008, when the High Court of Australia granted special leave to appeal in the copyright case IceTV Pty Ltd v Nine Network Australia Pty Ltd, […]

Canadian Originality: Remarks on a Judgment in Search of an Author

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 […]