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Archive For Entries On Copyright

Cinar Corporation v Robinson: Substantial Protection for Substantial Infringement – Part II

SCC Analysis (Continued) Expert Testimony The Appellant’s argued that the trial judge had erred due to his acceptance of inadmissible expert evidence. According to Cinar Corp, “the question of whether a substantial part has been copied must be assessed from the perspective of the lay person in the intended audience for the works at issue” […]

Cinar Corporation v Robinson: Substantial Protection for Substantial Infringement – Part I

There are many unsettled aspects of Canadian copyright law, ranging from Parliament’s intended scope of fair dealing principles to the proper evaluation of substantial infringement. The case of Cinar Corporation v Robinson, [2013] 3 SCR 1168 [Cinar Corp] constitutes the Supreme Court of Canada’s (SCC) most recent iteration on the latter. While the case reinforces a general […]

Alberta v Access Copyright: Refining Fairness

With the cost of postsecondary education at a record high, textbooks and other written materials have become increasingly difficult for students to afford. Following the passing of the Copyright Modernization Act [CMA] in 2012, which amended the Copyright Act, an opportunity was provided to teachers regarding their ability to provide students with written materials within […]

These Heels Were Made for Walking: Christian Louboutin S.A. v Yves Saint Laurent America Inc.

Last year, TheCourt.ca tackled the increasingly heated battle between two luxury fashion houses, Christian Louboutin and Yves Saint Laurent (YSL). Christian Louboutin, the famous French shoe designer best known for his heels with the red sole, sued Yves Saint Laurent for trademark infringement, claiming more than $1 million in damages. The battle began when Yves […]

Tariff, Away: Re:Sound v Motion Picture Association of Canada

By now, readers are no doubt familiar with the Supreme Court of Canada’s (SCC) July 12, 2012 release of judgments on the pentalogy of copyright cases. TheCourt.ca continues with its ongoing coverage of the cases, by considering Re:Sound v Motion Picture Association of Canada, 2012 SCC 38 (“Re:Sound”) in this post. Along with its 4 […]

Finding the Silver Lining for SOCAN in SOCAN v Bell

Growing up in a large family required frequent trips to Costco or, as it was at the time, Price Club. My mother would often do the extremely large shopping trips on her way home from work. Sometimes, however, those trips would be on the weekend – and with it came an invitation to join in […]

Amici Curiae : Toby’s Act, U.S.’s Battle Against Solitary Confinement and Canada’s New Copyright Reforms

Pride in Ontario: Amending the Ontario Human Rights Code Toronto is gearing up for what will be one of its proudest weeks yet. Ontario will not only be celebrating its booming pride community but also celebrating the Royal Assent of Bill 33, or Toby’s Act (Right to be Free from Discrimination and Harassment because of Gender Identity or […]

SOCAN v. Bell – The 30-Second Preview: Infringement or Fair Dealing?

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 […]

Golan v. Holder: Should the US be Singing a New Copyright Tune?

One night, you could listen to Sergei Prokofiev’s “Peter and the Wolf” with your friends, remix it with another tune and then pen a bestselling book titled Peter and the Wolf and Zombies. That would all change in 1994 with the signing of the Uruguay Round Agreements Act, a trade agreement that restored the copyright […]

Star Wars Episode VII: Return of the Imperial Stormtroopers

“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 […]