Superman’s (Termination) Kryptonite: Subsequent Agreements – Warner Bros and DC Comics win fight over Superman’s Copyright

DC Comics v Pacific Pictures Corp et al, the recent decision of a Central District of California court to deny termination rights to the heirs of Superman co-creator Joe Shuster, may be legally based in American copyright law. However, the case has its roots, loosely speaking, in Canada.

Short, Sweet and Stirring the Pot: Canada’s Copyright Board Holds Category 4 Copies are Fair Dealing

In a brief decision released September 19, the Copyright Board of Canada held that the Category 4 copies at issue in Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright) [Access Copyright] constituted fair dealing for the purposes of research and private study.

Google Plays Nice with French Publishers, Trial Scheduled in the U.S.

In June, Google, Inc. received some welcome news in France after the lawsuits instigated by the French Publishers Association (Syndicat national de l’édition) and the French Author’s Association (Société des gens de lettres) were withdrawn following a successfully agreed upon “framework” settlement. Google wrote on its European Public Policy blog that the new arrangement gives […]

The Fivefecta: Canada’s Supreme Court Releases 5 Significant Copyright Decisions

Without a background in horse racing, I feel comfortable expressing today as a “Fivefecta”. Since Monday’s announcement that the Supreme Court of Canada (“SCC”) would release judgments in five critically important copyright appeals heard on December 6 and 7, 2011, there has been a growing excitement in the Copyright community. The decisions from these appeals, […]

Unmasking the Mysterious “TV Rights” to Anne of Green Gables

On June 11 2012 an article by Vinay Menon appeared in the Toronto Star titled “Anne of Green Gables to be remade for TV”.  The article reports that Kate Macdonald Butler, granddaughter to author Lucy Maud Montgomery and president of the family-owned company Heirs of L.M. Montgomery Inc., will be centrally involved in a new […]

Whose Copyright Reigns Supreme? Copyright and Reality Television Shows

The battle’s heating up, but this time it’s not in kitchen stadium – it’s in the courthouse. Today’s secret ingredient - copyright which protects reality TV shows such as Iron Chef, American Idol, Real World, Most Extreme Elimination Challenge (MXC) and Big Brother.

It’s Official: Functionality is Uncopyrightable, Says the European Court of Justice

In November 2011, the Advocate-General of the European Court of Justice (ECJ), Yves Bot, issued an influential but non-binding legal opinion, positing that the functional aspects of computer programs should not be protected under copyright law. To do so would be against the interests of fair dealing, by preventing decompilation and reverse engineering, among other […]

The Saga Continues: Waldman v Thomson Reuters Corporation Class Action Certified

On February 21, 2012, Judge Perell of the Ontario Superior Court of Justice granted certification for a proposed class action suit under the Class Proceedings Act, 1992, S.O. 1992, c. C.6 against Thomson Reuters Canada Limited in Waldman v Thomson Reuters Corporation. The suit was launched by Mr. Lorne Waldman, an Ontario lawyer specializing in […]

A Packed House At The Supreme Court of Canada for Five Ground-Breaking Copyright Cases

Tali Eliav and Stephen Hutchison are 2011–2012 articling students at Cassels Brock & Blackwell LLP. On December 6 and 7, 2011, the Supreme Court of Canada heard five critically important copyright appeals. We were lucky enough to assist with Cassels Brock’s submissions to the Court. We were also fortunate enough to have a seat in […]

You Better Watch Out…For These Five Supreme Court Of Canada Cases

Giuseppina D’Agostino is the Founder and Director of IP Osgoode, the Founder and Director of the new IP Intensive Program, and an Associate Professor at Osgoode Hall Law School. This December copyright is coming to town!  Five historic hearings at the Supreme Court of Canada and a brand new copyright bill in Parliament have the […]