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Small Claims Court Makes Some Big Decisions about Fair Dealing and TPMs

Small Claims Court Makes Some Big Decisions about Fair Dealing and TPMs

In the recently released decision 1395804 Ontario Limited c.o.b. Blacklock‚Äôs Reporter v Canadian Vintners Association, the Ottawa small claims court ruled in an interesting way on fair dealing that might have some far-reaching implications if nothing overrules it. Reading a strict interpretation of CCH and the Copyright Act, deputy judge Lyon Gilbert reached the conclusion […]

US: Safe Harbour No Longer

US: Safe Harbour No Longer

On October 6, 2015, the European Court of Justice declared that the Safe Harbour program - a framework which allowed efficient transfer of personal data between European Union (EU) member states and the US - was invalid. Over 4,000 companies, including data giants such as Facebook, Microsoft, and Google, relied on the Safe Harbour program […]

ASCAP and BMI Consent Decrees Review: Should Partial Rights Withdrawals be Allowed?

ASCAP and BMI Consent Decrees Review: Should Partial Rights Withdrawals be Allowed?

Last year the US Department of Justice (DOJ) announced that it was opening a review of antitrust consent decrees that govern the activities of two major US performing rights organizations (PROs): the American Society of Composers and Publishers (ASCAP) and Broadcast Music Inc. (BMI). The organizations administer public performance rights and collect royalties on behalf […]

Copyright, Disability and Social Inclusion: the Marrakesh Treaty and the Role of Non-signatories

Copyright, Disability and Social Inclusion: the Marrakesh Treaty and the Role of Non-signatories

Of Rights and Reservations Access to knowledge has always been at the forefront of the international discourse on intellectual property.[1] The idea that a system designed to encourage creativity and foster innovation must allocate exclusive rights to authors and artists is as old as the Statute of Anne.[2] The same statute, however, provides that this […]