Articles Archives

Google’s search service exonerated from copyright liability by a French court

When Google searches the web and indexes and caches and makes thumbnail copies of visual works available to the public, is it liable for copyright infringement? Also, which country’s copyright laws apply to determining Google’s liability? Is it US law where much of the indexing and caching take place and from where Google transmits thumbnails and links to original works of art to the public? Or is it the place where the thumbnails are viewed (or communicated to)?

These issues were considered by the Paris Court of Appeal in the La société Des Auteurs des Arts Visuels et de L’image Fixe Visual Auteurs (SAIF) v Google France S.A.R.L.…

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Digital Copying and Libraries: Copyright and Licensing Considerations

The following article is an electronic version of an article published in the February 2010 issue of Feliciter.

Digital technologies are changing how libraries make available books, articles and other works to the public. There is clear demand for these services, and they provide unprecedented benefits to both libraries and their patrons.

However, librarians should be aware that the uses of digital media, such as books or articles in electronic form, e-books and audio books, raise legal issues that do not arise with making available traditional printed materials.…

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How can copyright reform best balance the rights of creators, intermediaries and users?

Here is a digital version of the article published in the Februaryissueof the CBA National magazine. The following question was posed to Prof. Geist and myself. My answer is set out below.

With a view to positioning Canada as a leader in the global digital economy, how can copyright reform best balance the rights of creators, intermediaries and users?

Copyright has become an emotional topic in Canada in which everyone has a stake. Authors’ livelihoods depend on it. Rights holders need clear, predictable, and fair rules that support creativity and innovation.…

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Graduated response and copyright: an idea that is right for the times

This is a copy of an article published in The Lawyers Weekly (January 2010) by Barry Sookman and Dan Glover.

In mid-2009, the Canadian government launched a nationwide consultation meant to canvass what amendments to the Copyright Act are necessary to support Canada’s participation in the global, digital economy, and to foster innovation, creativity, competition and investment.

There is no doubt that our copyright laws need amending. Amendments are required on a number of fronts. New exceptions are required to meet legitimate user expectations to access and use copyright content without infringement.…

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What Happens When Copyright Goes Digital

Barry Sookman and Stephen Stohn, National Post August 6, 2009

Earlier this month, the federal government launched a copyright consultation asking Canadians for input on copyright reform. Chief among its questions were what sorts of changes would best foster “innovation and creativity,” “competition and investment” and best “position Canada as a leader in the global, digital economy.”

These questions reveal fundamental insights about the objectives of copyright reform.

Reforming copyright law will stimulate investment in the creation and dissemination of movies, TV programs, books, music and software; help Canada to be a leader in the global digital market for cultural products; and enable Canadian actors, artists, performers, producers and publishers to be paid for their creative efforts and investments.…

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