May 14, 2012 brings the latest attempt at copyright reform, Bill C-11 one step closer to fruition. Bill C-11 began with its Introduction and Initial Reading before the House in September of 2011, and is presently, as of May 14 2012, in its Report Stage. Otherwise known as Canada’s Copyright Modernization Act, Bill C-11 was […]
Part of what makes studying the creative arts from a legal perspective so fascinating is the diversity of forms that art takes, and the ways in which law is sometimes underprepared to deal with issues brought forward through art. A classic instance of this problem is the case of Rick Gibson, a Canadian artist who […]
The Copyright Modernization Act (Bill C-11) has generated much discussion on its merits and deficiencies. However, one issue that commentators have not discussed in depth is the relationship between laws and social norms. Specifically, whether any amendments to copyright law in Canada will have an effect on user behaviour given the social acceptability of copyright […]
Professor Ysolde Gendreau from the Faculty of Law at the University of Montreal wrote an interesting opinion piece for the Montreal Gazette last week. The piece canvasses the history of the Copyright Act, and draws an analogy between the current debate and a similar reform process that took place in the 1950s. In her article, […]
A few weeks ago, while re-reading CCH Canadian Ltd. v Law Society of Upper Canada, [2004] 1 SCR 339 [hereafter CCH], I paused on a rather peculiar detail from this well-known Supreme Court decision. Intrigued, after a brief search, I was surprised to find that no one in Canadian copyright discourse seemed to have expanded […]
Featured here is the first section of a paper by Abraham Drassinower, Associate Professor, Faculty of Law, University of Toronto. The paper was originally published in the Notre Dame Law Review. The full article can be found here. The idea that the purpose of copyright law is to provide incentives for creativity is among the most […]
Modern concepts of art and creativity pose a challenge for traditional notions of copyright law. Last March, the United States District Court for the Southern District of New York ruled on the legality of appropriation art.
After a little over a year and two failed attempts, the Legal, Financial and Administrative Services Agency of Sweden (Kammarkollegiat) finally officially approved an application in January made by 19-year-old Swedish philosophy student Isak Gerson to recognize the Missionary Church of Kopimism (Missionerande Kopimistsamfundet), and thus ‘Kopimism’ as a religion.
Looking at the current state of trans-border licensing of music inEurope, the European example can teach mainly what to avoid. Even more so, many of the issues discussed in the EU might even be totally irrelevant for Canada. Unlike Canada, the EU currently consists of 27 member states, and as of today, there is […]
Ben Farrow is a JD candidate at Osgoode Hall Law School. It was a big day in the copyright enforcement world today as US federal authorities moved to shut down website Megaupload. The crackdown included charges against seven people as well as the seizure of over 50 million dollars in assets. As the internet's most […]