The (R)evolutionary Impact of AI-Generated Work and Big Data on Intellectual Property Law and Commercialization

Who should own the Intellectual Property (IP) rights for Artificial Intelligence (AI)-generated work? The current global legal regime does not allow for patents and copyright protection of AI inventions and works, and some argue they may ultimately fall under the public domain. The issue of AI creations and big data ownership and their impact on […]

IP Osgoode Speaks Series Video: Prof. Frank Pasquale on "A Rule of Persons, Not Machines"

IP Osgoode would like to thank everyone who attended Prof. Frank Pasquale's lecture entitled, “A Rule of Persons, Not Machines”, on March 24, 2017 at Osgoode Hall Law School.  The video of the lecture is available here.

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 […]

Garcia v Google Inc.: Copyright Ownership, ISP Liability and the Future of Freedom of Expression

In a stunning decision recently released by the United States Court of Appeals for the Ninth Circuit, Google was ordered to remove the now-infamous film, “Innocence of Muslims”, from YouTube. While the ruling challenges traditional understandings of copyright ownership and protected expression under US copyright law, the Court’s unprecedented opinion also has significant implications for […]

CJEU ruling in Svensson case: Free linking in a free web?

The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective.

Mamma Mia: Nintendo Flexes Copyright Against YouTube Video Game Reviewers

Embarrassing marketing gaffe or reasonable exercise of legal rights?  Nintendo issues “Content ID match” claims on "Let’s Play" (LP) videos featuring their game franchises. Prolific YouTube user Zack Scott speaks out against the move.

Behold, the Monkey – When Painting Restoration Goes Viral

While “going viral” is a phrase more likely to be used in reference to musicians such as PSY (of "Gangnam Style" fame), a painting  has received world-wide notoriety due to a bungled restoration job at the hands of a senior citizen.

US Tax Funded Research: Sick of Pay-Per-View?

Free online access to tax-funded scientific research is the most recent movement by American open-access advocate group Access2Research.  The group calls for a policy similar to the one currently implemented by the National Institutes of Health (NIH).  New scientific papers, which were funded by the NIH, are deposited in the online databank PubMED within a […]

This Suit Is Bananas

Representatives of the defunct rock band, The Velvet Underground, have brought an action against the Andy Warhol Foundation for the Visual Arts Inc. concerning rights over the world’s most iconic banana image a full 45 years after it was first released.

Recent Federal Court of Australia Decision Places IP rights in the Hands of Academics, not Universities

A recent appeal initiated by the University of Western Australia (UWA) was dismissed by the full Federal Court of Australia, which upheld the decision to place intellectual property rights into the hands of academics, and not the institutions that employ them. The case of University of Western Australia v. Gray involved a particular invention developed […]