The IPilogue is IP Osgoode’s online journal of IP Law and Technology. It publishes analysis and commentary on current pressing intellectual property, technology, privacy and related legal issues. The IPilogue features curated contributions from students, scholars, and experts within the Osgoode community, from our network of affiliated researchers and partners, as well as from professionals and scholars in disciplines outside of law.
Editor in Chief: Prof. Carys Craig (ccraig@osgoode.yorku.ca)
Submission inquiries: iposgoode@osgoode.yorku.ca
Whilst counterfeits are easily recognizable, the issue is the line between inspiration and knock-offs in the fashion industry. In this article, designers and IP lawyers differ on where this line should be drawn. I shall analyse these views and propose where IP law could draw the line. Is IP needed here? Theoretically, IP rewards “true” […]
In “(Digital) Locks are multipurpose tools, and can be used or abused”, Rusell McOrmond makes the distinction between digital locks on content, such as mechanisms on audio CDs that prevent users from “ripping” songs to external devices, and digital locks on devices, which only allows devices to play certain types of content. He argues that […]
In a recent Quebec Superior Court case, Justice Tessier issued an injunction closing down the file-sharing website, QuebecTorrent.com. The site allowed for the free sharing of music and videos among users. This is a perfect example of the long standing debate between the owners/authors of copyright and the users of copyright. Although this may seem […]
The four factors steering Fair Use (FU) exceptions to copyright infringement are found at s.107 of the U.C.C. FU seeks ‘to work its way through the relevant factors and be judged case by case’ (D 40), and unfairness in any one factor does not necessarily render the whole unfair. Precedent for FU indicates that US […]
In 2006, Jason Fortuny posted a fake advertisement on Craigslist by a supposed “female bondage enthusiast” who was looking for a “white or latin man ... 2 give intense pain and discipline." The 178 responses, some of which had pictures attached, were then posted on an encyclopaedia website. Recently, a respondent sued Fortuny for damages […]
In August 2008, Capitol Records, owner of the copyright in John Lennon’s song “Imagine,” brought a preliminary injunction before the Supreme Court of the State of New York to prevent Premise Media Corporation from making unauthorized use of the recording in their film “EXPELLED: No Intelligence Allowed.” Premise Media argued that the film supports the […]
The DJ Girl Talk has won media attention for his new album “Feed the animals”. Besides positive reviews, Girl Talk has been put at the forefront of a phenomenon that challenged traditional restrictions in copyright law since his new album constitutes 300 clips from other artist’s songs. Pursuant to the Canadian Copyright Act, the owner […]
Former NFL star, Jim Brown’s recent lawsuit against Electronic Arts and Sony, highlights the unique challenges that modern day technology presents to our legal system. In his suit, Brown claims that his likeness is being used in the series of Madden NFL games without his permission. Although his name and image are not used in […]
In the wake of the Liberals unveiling of their new carbon tax plan, “A Green Shift for Canada”, Liberals were confronted by an 8.5 million dollar trademark lawsuit. The plaintiff company, “Green shift Inc” was trademarked in 2003 and provides services to help companies adopt environmentally friendly policies and practices. This suit was recently settled […]
In a recent article for the Globe and Mail entitled “Sticking to official Olympic brands – with duct tape”, Rod Mickleburgh discusses the various procedures “commercial rights management” officials will be taking during the upcoming Vancouver Olympic games in light of the practices which were enforced this past summer in Beijing. One of these customs […]