Archive for the ‘Copyright’ category

Hard lessons in dataset licensing to create commercial products: 77m v Ordnance Survey

November 11th, 2019

If you are interested in database licensing, the intrigue of how complex geo-spatial based services are developed, electronic mapping and polygons, the legality of scraping, how online terms governing databases are construed, and database rights, then the recent UK decision in 77m Ltd v Ordnance Survey Ltd [2019] EWHC 3007 (Ch) (08 November 2019) is for you.

The dispute in the case was between a start-up company 77m and Ordnance Survey (OS), the national mapping agency of Great Britain. 77m created a dataset called Matrix consisting of an up-to-date, detailed and accurate list of the geospatial coordinates of all the residential and non-residential addresses in Great Britain containing 28 million records.

When copyright in a work transfers to the Crown: Keatley v Teranet

September 26th, 2019

When does copyright transfer to the Crown under the Copyright Act? The Supreme Court clarified this in a landmark ruling released earlier today in Keatley Surveying Ltd. v. Teranet Inc., 2019 SCC 43, authoritatively interpreting Section 12 of the Act.

The Court did so in delivering two sets of reasons, the majority written by Justice Abella  (Moldaver, Karakatsanis and Martin JJ. concurring) and by Justices Côté and Brown JJ. (Wagner C.J. concurring). All seven Judges agreed that the decision of the Court of Appeal (2017 ONCA 748) which sided with Teranet should be affirmed. In the result, the Court unanimously agreed that when surveyors register or deposit plans of survey in a public registry system (including land titles) and those plans are made available to the public by the Ontario Government or its service provider Teranet, the copyright in the surveys passes to the Crown.

Developments in computer, Internet and e-commerce law: the year in review (2018-2019)

June 14th, 2019

I gave my annual presentation yesterday to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covers the period from June 2018 to June 2019. The developments include cases from Canada, the U.S. the U.K., EU, Australia, South Africa, India and other countries.

The developments are organized into the broad topics of:

  • Privacy / Big Data / AI
  • Employee / HR
  • E-commerce / Online Agreements
  • Online Remedies / Governance / Jurisdiction
  • Copyright

The cases and other documents referred to are below.

Privacy / Big Data / AI

Norms for copyright reform: my submission to the INDU Committee

December 11th, 2018

Here is my submission to the INDU Committee conducting the s.92 review of the Copyright Act. It is based on my remarks made to the Committee when I appeared before it on December 3, 2018. My remarks to the Committee and answers to questions can be accessed on Parvu.

_________________________

I am a Senior Partner in the technology law group of McCarthy Tétrault.  I have represented members of the creative industries, intermediaries and users. I also teach intellectual property law at Osgoode Hall Law School and have published books including on copyright and Internet law.[1] I have both a practical and theoretical understanding of copyright. This submission, like my appearance, is on my own behalf and not on behalf of any clients.

CRTC punts FairPlay site blocking proposal to Parliament

October 2nd, 2018

In a decision that can only be regarded as a major blow to Canadian creators and distributors of copyright materials, the CRTC today, in Telecom Decision CRTC 2018-384, dismissed FairPlay Canada’s application to establish a site blocking regime to combat the scourge of online piracy.

The CRTC dismissed the application on jurisdictional grounds, but not before making the express finding that the record before it “demonstrates that there is evidence that copyright piracy results in harm to the Canadian broadcasting system and to the economy in general”.

ISPs fees for complying with Norwich orders: Rogers v Voltage

September 14th, 2018

Who bears the costs of complying with Norwich orders? These orders require ISPs to disclose the identify of their subscribers to enable copyright owners to bring legal proceedings against suspected infringers. The issue was resolved earlier today by the Supreme Court in Rogers Communications Inc. v. Voltage Pictures, LLC, 2018 SCC 38.

Global Internet injunctions: my Alai talk

September 14th, 2018

I had the pleasure earlier today of speaking at the 2018 ALAI Congress in Montreal. My topic was on global internet injunctions. My slides are shown below.

ALAI_International_Injunctions_Equustek_Case

Developments in computer, Internet and e-commerce law: the year in review (2017-2018)

June 14th, 2018

I gave my annual presentation today to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covers the period from June 2017 to June 2018. The developments include cases from Canada, the U.S. the U.K., Singapore, Australia, and other countries.

The developments are organized into the broad topics of:

  • Jurisdiction/Online Remedies/Conflicts of Laws
  • Hyperlinks/Search Results/Computer Generated Content
  • e-Commerce & Online Agreements
  • Technology Contracting
  • Privacy
  • Copyright
  • CASL.

The cases referred to are listed below. My slides can be viewed after the case listing. These and many other cases will be added to my 7 volume book on Computer, Internet and E-Commerce Law (1988-2017).

Copyright Board harmonization good policy

June 11th, 2018

The Hill Times published my Op-ed “Copyright Board harmonization good policy” earlier today. The unedited version with endnote references is below.

Everyone agrees that the Copyright Board needs fixing. A Senate Committee recommended a full review in 2016. The Government acted on the recommendation by convening a public consultation and received numerous submissions.

One of the Government’s options to make the Board more effective is to harmonize the availability of statutory damages so they are available to all creators represented by collectives and not only those represented by the performing rights societies SOCAN and Re:Sound.

Canadian government response to copyright and digital policy issues

April 24th, 2018

The Internet and other digital technologies are transforming the everyday lives of all Canadians. The pace of change requires our legislative frameworks to be continually reviewed and adapted to these changing needs. The current government is tackling these challenges on numerous fronts including most recently in respect of copyright, anti-spam law (CASL), and privacy.

Copyright

The government has now started its mandatory review of the Copyright Act. The review was proceeded by a letter from Minister Bains and Heritage Minister Joly, both of whom share the copyright file, which provided some guidance to the INDU Committee. The letter underscored the importance of copyright to all stakeholders including that: