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IP

The Endowment Effect: IP and Human Rationality

Brian Chau is a JD Candidate at Osgoode Hall Law School. In a recent article, Christopher J. Buccafusco and Christopher Jon Sprigman consider whether IP transactions are subject to “endowment effects”. The endowment effect is a human behavioural phenomenon in which an individual’s perceived value of an object they own is greater than the value prescribed by […]

To License or Not to License?

Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. In a recent paper, Michael Jacobs and Alan Devlin discuss the debate in forcing monopolists to license their IP. By licensing their IP, monopolists would increase market innovation and create a competitive environment. However, these advantages come with a significant drawback. They can decrease the […]

Cindy, Incidentally – The "Incidental Inclusion" Exception in Canadian Copyright Law

Bob Tarantino is a lawyer in the Entertainment Law Group of Heenan Blaikie LLP. He holds graduate degrees in law from Osgoode Hall Law School and the University of Oxford. A filmmaker films an individual walking down a city street, past a convenience store.  The camera captures, among others, two things: an advertisement consisting of […]

Visual Artists Launch Class Action Against Google Books

Peter Waldkirch is a second year LL.B. student at the University of Ottawa. Almost five years ago, the Authors Guild launched a class action lawsuit against Google over what was then called the Google Library Project. This led to the controversial 2008 Google Book Settlement, which has been one of the major hot issues in […]

Virtual Virtuosity: Or the Difficulty of Distinguishing Masterpieces from Masterworks

Roger S. Fisher, Ph.D., J.D. teaches courses at York University on law, humanities and copyright policy. He is a member of the Bar of Ontario and is currently working on a project entitled “Antigone Rests Her Case: Law, Legal Discourses and Discourse Shifting in Sophocles’ Antigone.”  The law has always had an uneasy relationship with […]

Noises Heard: Canada's Recent Online Copyright Consultation Process -- Teachings and Cautions

Richard Owens is counsel in a Toronto law firm specializing in business and commercial law, intellectual property and technology. This short comment analyses the results of the Government of Canada’s recent on-line public consultation on its planned reform of copyright laws, held from July 20th, 2009 to September 15th, 2009.  Defects in the Consultation process […]

The Canadian Public Domain: What, Where, and to What End?

Professor Carys Craig (Osgoode Hall Law School) has a new paper available on SSRN.  Her article is described below. This essay explores the important body of scholarship that has emerged on the substance, nature, and role of the public domain in intellectual property law. I offer some concrete definitions of the public domain in the […]

Artmob Spring 2010 Update

David Meurer is a PhD candidate in the Joint Graduate Program in Communication and Culture at York and Ryerson Universities and Senior Research Assistant, Artmob. Artmob is a research project driven by several principles: that Canadians should have greater online access to publicly funded cultural collections; that Canadian cultural institutions have a responsibility to make […]

Intellectual Property Issues for Outer Space Activities

Leigh-Ann Tonon is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. In this blog, I wish to explore the relevance of intellectual property rights to outer space activities. Despite the inventiveness and innovation needed and used for space technology, it is only in recent years that intellectual property […]