Advocate-General of the European Court of Justice (ECJ), Yves Botâs opinion at the end of last year, on SAS Institute Inc. v. World Programming Ltd., was based on the High Court of England and Walesâ preliminary judgment for the same case. Issued on 29 November 2011, Adv.-Gen. Bot focused on specific provisions of Directives 91/250/EEC […]
Andrew Baker is a LLB/BCL candidate at McGill University Faculty of Law. A decision of the Cour de Cassation de la France has led to some uncertainty as to when a photograph constitutes an intellectual work subject to protection.
Courtney Doagoo is a doctoral student at the University of Ottawa, Faculty of Law. On October 27, 2011, the High Court of Justice Chancery Division ruled in favour of British Sky Broadcasting Group PLC et al. (Sky) on a summary judgment against Digital Satellite Warranty Cover Limited et al. (Defendants). The Defendants were held liable […]
Brent Randall is a JD candidate at the University of Ottawa. The Canadian Copyright Act does not explicitly define the term âauthorâ, but the statute does appear to assume that the âauthorâ will be a human. A recent paper by Professor Annemarie Bridy seeks to challenge this assumption as she argues that âall creativity is […]
Andrew Baker is an LLB/BCL candidate at McGill University Faculty of Law. The Quebec Court of Appeal has recently ruled on the notorious Robinson Sucroë cartoon plagiarism case. The decision has greatly reduced the remarkable damages awarded by the trial court in 2009, but upholds the finding of liability.
Brent Randall is a JD candidate at the University of Ottawa. England and Wales Court of Appeal ruled on July 27, 2011 that headlines are capable âof being literary works independent of the article to which they relateâ and that using article extracts without the authorâs permission could constitute copyright infringement of the work.
Leslie Chong is a JD candidate at Osgoode Hall Law School. Chapman Kelley v. Chicago Park District is a recent decision rendered in the United States Court of Appeals (Seventh Circuit) that questioned the extent an author's moral rights may be protected in the United States. While the courts eventually held that no moral rights […]
Tiffany Wong is a JD Candidate at Osgoode Hall Law School Harry Reid, the Senate Majority Leader from Nevada, is struggling in his bid for re-election against Sharron Angle, a Republican endorsed by the Tea Party Express. Alongside the usual political mudslinging, the two are also embroiled in an intellectual property battle. Angle once had […]
Vincent DorĂ© is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Any billion-dollar lawsuit is bound to be a highly-charged event, especially when one of the parties makes an American icon, the Barbie doll. But Barbie is not the protagonist here. Instead, we turn our focus to the fashion doll […]
Roger S. Fisher, Ph.D., J.D. teaches courses at 91ŃÇÉ« on law, humanities and copyright policy. He is a member of the Bar of Ontario and is currently working on a project entitled âAntigone Rests Her Case: Law, Legal Discourses and Discourse Shifting in Sophoclesâ Antigone.â The law has always had an uneasy relationship with […]