Contracts, Orphan Works, and Copyright Norms: What Role for Berne and TRIPs

Jane Ginsburg is Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia Law School and Co-director, Kernochan Center for Law, Media and the Arts.  Professor Ginsburg is also a member of IP Osgoode's International Advisory Council. Professor Ginsburg has a new article forthcoming in WORKING WITHIN THE BOUNDARIES OF INTELLECTUAL PROPERTY, Rochelle Cooper […]

Are Moral Rights Only Limited to those of Flesh-and-Blood?

A recent article by Professor Emir Mohammed from the University of Windsor Faculty of Law challenges the Continental notion that moral rights, as granted by Canada's Copyright Act, are solely personal rights innate to just “flesh and blood” authors. The article, entitled “Moral Rights and Mortal Rights in Canada”, was published in the April 2009 issue […]

The End of the Tail

Chris Castle is Managing Partner of Christian L. Castle Attorneys, Los Angeles and San Francisco. You've probably heard the expression "the long tail" used by Web 2.0 cognoscenti.  Despite the largely uncritical acceptance the idea received a few years ago, research shows that for artists the "long tail" is the "wrong tale".  But it may […]

The reasonable expectation of the consumer in her personal use of musical recordings: how much weight does it have in the balance?

Pascale Chapdelaine is a Ph.D. candidate at Osgoode Hall Law School and a member of IP Osgoode. Pascale's thesis focuses on the interaction between consumer law and copyright law.  What is the consumer entitled to do with musical recordings for her own personal use? Asking this question may appear to some, including consumers, as looking […]

“Fair Use” Helps in Battle Against Plagiarism of Student Papers

Afroditi Theodoridou is a PhD student at Osgoode Hall Law School. On April 16, 2009, the United States Court of Appeals for the Fourth Circuit affirmed the district court's decision in favour of iParadigms who operates the "Turnitin Plagiarism Detection Service". This online system evaluates the originality of submitted written assignments by comparing them with […]

AP’s heated campaign over ‘Hot News’

A recent pronouncement by Associated Press (AP) to adopt a more aggressive effort to “fend off copycat competition and “misappropriation” in the dwindling market for timely reporting,” has stirred the online news-outlet community and its players. In his capacity as the CEO of MediaNews Group Inc., and the Chairman of Associated Press board of directors, […]

Not so bizarre, Pirate Bay Operators found guilty

Sundeep Chauhan is currently Vice-President and General Counsel to the NRCC. The Swedish courts have rendered a landmark verdict against the largest peer-to-peer site in the world.  The four men behind Pirate Bay, the Swedish file-sharing site used by an estimated 22 million users to freely exchange copyright protected movies, music, software, and video games, […]

Potential of US Copyright Agenda to Endanger Freedom of Expression in China

One of the most prevalent criticisms leveled against China today is the lack of human rights afforded to its citizens.  This is particularly so in the area of civil and political rights, where China’s single-party unitary rule has made political prisoners of pro-democracy activists.  Western advocacy groups have applied political pressure to convince the Chinese […]

Doctrine of First Sale in Our Digital World

On March 26, 2009, the Queen held a reception for leaders attending the G-20 summit. President Barack Obama and his wife Michelle were the first dignitaries to meet the Queen. During their private meeting, President Obama and the first lady presented the Queen with a gift. The gift was a personalized iPod - complete with […]

Graduated Response Systems

James Gannon is an Osgoode Hall alumnus and is currently an articling student at McCarthy Tétrault. Much attention has recently been paid to proposed legislation that would require Internet Service Providers (ISPs) to step up their efforts to prevent subscribers from downloading copyright-protected content through the Internet connections they provide. These initiatives are often described […]