Do you like to try before you buy? Also known as the “Apple iTunes” case, SOCAN v Bell considers whether the 30-second preview clips made available to consumers by online music retailers constitute an exception pursuant to s. 29 of the Copyright Act, which states: Fair dealing for the purpose of research or private study [...]

“A long time ago in a galaxy far, far away”, the Imperial Stormtroopers— menacing soldiers of the Galactic Empire clad in all-white helmet and armour—were no longer servants of the evil Palpatine and Darth Vader; instead, they had become the potential trophy of an epic quest initiated by George Lucas, the creator of the Star [...]

In The Wizard of Oz, Dorothy taps her ruby red slippers three times to go home. What if the ruby colour found themselves on a pair of five-inch wedged heels? If the Wicked Witch of the West could get her hands on that pair, would she then hold the power to transport herself to Kansas [...]

On February 3, Juliane Kokott, the German Advocate General at the European Court of Justice (“ECJ”), published her opinion in a watershed case that could significantly impact on entertainment companies who have, until now, guarded exclusive rights to broadcasting live sports events – most notably, “football” (or “soccer”).  Though non-binding, Kokott’s official advice to the [...]

iTunes, Amazon.com, Puretracks.com, Rogers Music Store, Sympatico Music Store. For those music lovers who legally download music, these various websites are but a few examples of online sources for mp3 and AAC downloads. As part of the digital consumer experience and convenience of online shopping, previews of songs are provided: 30 second clips that allow [...]

The pirated DVDs? The fake Coach purse? The imitation I-Pod? Hide them. Burn them. Throw them away. Courts have brought the full wrath of law on those dealing in counterfeit goods in the form on substantial damage awards. Starting with Microsoft Corp v. 9038-3746 Quebec Inc., 2006 FC 1509, all the way to the most [...]

Over the last decade or so, the lines separating the fields of telecommunications and broadcasting have become harder and harder to distinguish. This convergence has lead to difficulties in determining the applicability of laws to activities enabled by new technologies. On September 18, the SCC refused leave to appeal in Canadian Wireless Telecommunications Association, et [...]

With the Christmas shopping season in full swing, I thought I’d take today to consider how a fairly new technological trend in e-book readers might be impacted by the SCC’s decision in Théberge v. Galerie d’Art du Petit Champlain inc., 2002 SCC 34 [Théberge]. On November 19, Amazon.com released their wireless e-book reader (called the [...]

Update: We have heard that some people are not able to view the above video. If that is the case, please follow the below link to launch the video in Windows Media Player. Link to video This lecture assesses how the Supreme Court is interpreting Canada’s intellectual property laws and how its decisions may affect [...]

When the Euro-Excellence v. Kraft Canada, 2007 SCC 37 decision on parallel importing came down back on July 26, it provoked a wide array of blogger commentary from across the internet. On July 31, I posted about the plurality decision written by Rothstein J., which criticized Bastarache J.’s concurring opinion for restricting copyright protection only [...]