THE COURT is the online resource for debate & data about the Supreme Court of Canada.*

Archive For Entries On Copyright

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, 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. 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 […]

The Ultimate Shoe-down: Christian Louboutin S.A. v. Yves Saint Laurent America

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 […]

Murphy v. Football Association Premier League: English Landlady Looks to Score Against Exclusive Sports Broadcasting

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 […]