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Literary Works

Google鈥檚 digital library wins fair use against Canadian writers

Won鈥檛 somebody think of the children!? A New 91亚色 federal court judge will. A copyright infringement lawsuit by multiple authors鈥 groups 鈥 including two Canadian ones 鈥 against Google and several universities for their HathiTrust Digital Library book scanning and digital distribution has been聽dismissed.

Google Plays Nice with French Publishers, Trial Scheduled in the U.S.

In June, Google, Inc. received some welcome news in France after the lawsuits instigated by the French Publishers Association (Syndicat national de l鈥櫭ヾition) and the French Author鈥檚 Association (Soci茅t茅 des gens de lettres) were withdrawn following a successfully agreed upon 鈥渇ramework鈥 settlement. Google wrote on its European Public Policy blog that the new arrangement gives […]

The Fivefecta: Canada鈥檚 Supreme Court Releases 5 Significant Copyright Decisions

Without a background in horse racing, I feel comfortable expressing today as a 鈥淔ivefecta鈥. Since Monday鈥檚 announcement that the Supreme Court of Canada (鈥淪CC鈥) would release judgments in five critically important copyright appeals heard on December 6 and 7, 2011, there has been a growing excitement in the Copyright community. The decisions from these appeals, […]

Unmasking the Mysterious 鈥淭V Rights鈥 to Anne of Green Gables

On June 11 2012 an article by Vinay Menon appeared in the Toronto Star titled 鈥淎nne of Green Gables to be remade for TV鈥.聽 The article reports that Kate Macdonald Butler, granddaughter to author Lucy Maud Montgomery and president of the family-owned company Heirs of L.M. Montgomery Inc., will be centrally involved in a new […]

Whose Copyright Reigns Supreme? Copyright and Reality Television Shows

The battle鈥檚 heating up, but this time it鈥檚 not in kitchen stadium 鈥 it鈥檚 in the courthouse. Today鈥檚 secret ingredient - copyright which protects reality TV shows such as Iron Chef, American Idol, Real World, Most Extreme Elimination Challenge (MXC) and Big Brother.

It鈥檚 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 […]

The Saga Continues: Waldman v Thomson Reuters Corporation Class Action Certified

On February 21, 2012, Judge Perell of the Ontario Superior Court of Justice granted certification for a proposed class action suit under the Class Proceedings Act, 1992, S.O. 1992, c. C.6 against Thomson Reuters Canada Limited in Waldman v Thomson Reuters Corporation. The suit was launched by Mr. Lorne Waldman, an Ontario lawyer specializing in […]

A Packed House At The Supreme Court of Canada for Five Ground-Breaking Copyright Cases

Tali Eliav and Stephen Hutchison are 2011鈥2012 articling students at Cassels Brock & Blackwell LLP. On December 6 and 7, 2011, the Supreme Court of Canada heard five critically important copyright appeals. We were lucky enough to assist with Cassels Brock鈥檚 submissions to the Court. We were also fortunate enough to have a seat in […]