Home » 2011 » August (Page 2)

Prof Annemarie Bridy Asks: How Human Does An Author Need To Be?

Brent Randall is a JD candidate at the University of Ottawa. The Canadian Copyright Act does not explicitly define the term “author”, but the statute does appear to assume that the “author” will be a human. A recent paper by Professor Annemarie Bridy seeks to challenge this assumption as she argues that “all creativity is […]

UK Government Responds To The Hargreaves Report

Nora Sleeth is a JD candidate at Osgoode Hall Law School. The UK Government has expressed its agreement with the findings of an independent IP law report released in May 2011. The report, titled “Digital Opportunity: an Independent Review of IP and Growth”, was produced by a team led by Cardiff University Professor Ian Hargreaves.

22 American Universities Form Coalition To Implement Open Access Policies

Kalen Lumsden is a JD candidate at Osgoode Hall Law School. The University of Kansas, one of the first universities with a formal open access policy, along with 21 other universities, have joined together to form the Coalition of Open Access Policy Institutions (COAPI). Their mandate will be to craft policies to implement open access […]

Marvel Wins Right To Retain Copyrights Of Comic Characters

Taylor Vanderhelm is a JD candidate at the University of Alberta. Marvel Worldwide Inc. won its case to retain the copyrights to comic characters against the estate of legendary comic creator Jack Kirby. The suit was in response to Kirby’s heirs filing of 45 notices of copyright termination in order to reassert their claim to […]

WIPO Looks To Find Balance Between Performer And Producer Rights

Brent Randall is a JD candidate at the University of Ottawa. The Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO) recommended to the General Assembly on July 26, 2011, that a diplomatic conference be held on the protection of audiovisual performances.

ASA Rules On Ad For Joke Phone Hacking App: Guess The Joke Is On You, Jamster

Satomi Aki is a JD candidate at Osgoode Hall Law School. The Advertising Standards Authority (ASA), the independent advertising watchdog of the UK, upheld On July 13, 2011, complaints against Jamster, a SMS mobile phone content provider, over their ad for a joke phone hacking app that was originally televised in April 2011.

A “Charter Rights First” Approach To The Intersection Of Freedom Of Expression And Copyright

Graham Reynolds is an Assistant Professor in the Faculty of Law at Dalhousie University in Halifax, Nova Scotia, Canada, and an IP Osgoode Research Affiliate. Recent legislative developments in Canada and the United Kingdom (UK) have raised concerns that expansions in copyright protection may negatively impact freedom of expression rights. In June 2010, the Canadian […]

Weatherford: Patent Validity Attacks For Lack Of "Good Faith" Ruled Out In Canada

Grant W. Lynds is a partner in the Ottawa office of Gowling Lafleur Henderson LLP, whose practice focuses on intellectual property litigation and patent prosecution. This case analysis has been re-posted with his permission. In recent years, Canada’s Federal Court has generated much debate with respect to whether patent applicants in Canada owe a “duty […]

Celine Dion Takes On Satirical Blogger In David And Goliath Fight (Spoiler: Goliath Wins)

Jennifer O'Dell is a JD candidate at Osgoode Hall and Denise Brunsdon is a social media writer and researcher. Only one post remains on the Ridiculous Pictures of Celine Dion Tumblr and it is tellingly tagged "RIP" and "the dion effect." Dion's lawyers sent Nick Angiolillo, the New York blogger who runs the satirical Tumblr site […]