To prove copyright infringement, the claimant has the onus of proving two things: first the alleged infringer created his or her work by copying from the copyright owner’s work (copying in fact); second, that all or a substantial part of the original work was copied (illicit copying). The analytical steps in each inquiry have been considered in numerous cases. For example, the Supreme Court of Canada reviewed the steps a Canadian court should follow in establishing illicit copying in a “altered copying” case in Cinar Corporation v. Robinson, 2013 SCC 73 (summarized here).
Archive for the ‘contributory infringement’ category
Last week, the Ninth Circuit Court of Appeals released a revised opinion in the Veoh Networks case, UMG Recordings v Shelter Capital Partners No. 09—55902 (9th.Cir. Marc. 14, 2013), superseding the earlier opinion, UMG Recordings v Shelter Capital Partners LLC, 101 U.S.P.Q.2d 1001 (9th.Cir. 2011). The decision reviewed the scope of the DMCA hosting safe harbor finding it applicable on the facts of the case to the Veoh Networks video sharing site.
In the original decision the Ninth Circuit made three important rulings with respect to the scope of the DMCA hosting safe harbor:
The following are my opening remarks to the Senate Committee studying Bill C-11 earlier today. The link to the webcast can be found here.
I would like to thank the committee for inviting me to appear today to provide input on Bill C-11.
Before starting my remarks, I would like to give you some background about myself.
- I am a senior partner with the law firm McCarthy Tétrault.
- I am an adjunct professor at Osgoode Hall Law School where I teach IP law.
- I am the author of 5 books including the leading 6 volume treatise on Computer, Internet and E-Commerce Law.
With Bill C-11, the Copyright Modernization Act, on its way to clause by clause review Canadians have a chance to think about what values they want copyright to reflect. Canadians are being bombarded with a dizzying array of information about amendments that have been proposed including amendments related to enablement, statutory damages, TPMs and fair dealing. Much of the information is inaccurate and emotionally super-charged to garner as much visceral reaction as possible. A significant portion of it originates from Internet activist Michael Geist and is repeated throughout the blogosphere and in the traditional news media, usually with no attempt at analysis.
This blog post is a longer version of the article entitled This Bill is no SOPA published in the Financial Post today.
While recent attempts by the usual suspects making hysterical predictions about copyright reform in Canada have been ratcheted up yet again, this time the claims are so outrageous that they can perhaps best be described as having “jumped the shark”. Canadians are being told that Bill C-11, an act to amend Canada’s outdated copyright law, could be used to shut down popular web sites like YouTube, fundamentally change the Internet, sabotage online freedoms, and hog-tie innovators.