The Internet Taxi: Collective Management of Copyright and the Making Available Right, after the Pentalogy

Just after the adoption of Bill C-11,[1] the Supreme Court of Canada handed down five decisions, which are now referred to as the “pentalogy”, to follow the heretofore famous trilogy.[2] The pentalogy, like its three-legged predecessor, marked a significant shift in Canadian copyright policy. The five cases dealt in one form or another with collective […]

Mamma Mia: Nintendo Flexes Copyright Against YouTube Video Game Reviewers

Embarrassing marketing gaffe or reasonable exercise of legal rights?  Nintendo issues “Content ID match” claims on "Let’s Play" (LP) videos featuring their game franchises. Prolific YouTube user Zack Scott speaks out against the move.

The Arithmetic of Fair Dealing at the Supreme Court of Canada

In the 2012 Supreme Court of Canada copyright cases, the Court found an opportunity to redefine the law of fair dealing in Canada. While the Court acknowledged that fair dealing is a question of fact, and thereby properly adjudicated by triers of fact like the Copyright Board of Canada, the Court stepped in to revisit […]

Law, Culture, Critique

On May 10, 2013, York University’s Osgoode Hall Law School Graduate Law Student Association (GLSA) held a two day Graduate Student Law Conference at the Oakham House at Ryerson University in downtown Toronto.

New Book - The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law

In the summer of 2012, the Supreme Court of Canada issued a series of rulings in five major copyright cases (referred to as the “copyright pentalogy”). A new book has just been released that examines the possible long-term impact of these decisions.

About the Boundaries of Fairness in Fair Use

The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective.

Access Copyright Initiates Lawsuit Against York University

On April 8, 2013, Access Copyright launched a lawsuit against York University.   In the lawsuit, Access Copyright is seeking payment by York University of royalties under the Access Copyright Interim Post-Secondary Education Institutions Tariff, 2011-2013 (“Approved Tariff”), an injunction until all royalty amounts owing are paid, and an order requiring the university to abide by […]

'Osgoode Style' Wins Big at 2013 Harold G. Fox Canadian Intellectual Property Moot

It is my pleasure to return to my editorial duties (sans a 007 title pun) for the IPilogue to bring a first hand account of the fifth annual Harold G. Fox Canadian Intellectual Property Moot. After months of grueling preparation, I am proud to report that the moot, while a resounding success all-around, was particularly […]

IP Osgoode Speaker Series Videos

IP Osgoode would like to thank The Honourable Justice Marshall Rothstein and The Honourable Mr. Justice Roger T. Hughes for being a part of our speaker series. They both provided thought provoking commentary on intellectual property litigation from a judicial perspective.  For those who were unable to attend our speaker series events in person, analysis […]

IP Osgoode Speaker Series: The Honourable Mr. Justice Marshall Rothstein – Reflections on the Supreme Court of Canada 2012 Copyright Decisions

On November 27th, 2012, IP Osgoode was pleased to welcome The Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada to share his thoughts with respect to the 5 important copyright cases (known as the “Copyright Pentalogy”) that he took part in deciding earlier this year.