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user generated content

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 […]

The Legality of "Player" Generated Content

The Legality of "Player" Generated Content

With the rising popularity of video and computer games, a new form of user generated content ("UGC") and a whole new set of intellectual property issues is emerging. Science fiction web series such as  Red vs. Blue use copyrighted graphics and characters from the popular Xbox video game Halo to create new comedic content parodying first person shooter […]

Making the CBC/Radio-Canada’s Giant Castle More User-Friendly

Making the CBC/Radio-Canada’s Giant Castle More User-Friendly

The culture industries appear to be at a crossroads. Shifting advertising practices as well as audience viewing and consumption habits continue to contribute to new challenges and opportunities for media and entertainment providers throughout the world. With its new “A Space for All of Us” strategy, Canada’s national public broadcaster – the Canadian Broadcasting Corporation/Radio-Canada […]

Acknowledging Copyright’s Illegitimate Offspring: User-Generated Content and Canadian Copyright Law

Acknowledging Copyright’s Illegitimate Offspring: User-Generated Content and Canadian Copyright Law

Bill C-11[1] provides for a new exception to infringement for user-generated content (UGC), along with new grounds for fair dealing. These provisions, combined with a strong and clear message  from the Supreme Court of Canada’s pentalogy of copyright cases  regarding users’ rights and the copyright balance, signal a new paradigm  for copyright law in Canada—one […]

Mining the Digital Gold Rush: The Legal (L)ore around France's Data-Mining Tax

Mining the Digital Gold Rush: The Legal (L)ore around France's Data-Mining Tax

With markets in real property, personal property, and intellectual property quite cornered, the future-savvy lawyer might consider their cutting-edge cousin, if France's data-mining tax proposal has its way: what could be termed existential property*, courtesy of Google, Facebook, Amazon, and the like. Or rather, courtesy of their users, whose digitally collected personal data may be wholesale […]