Archive for the ‘Fair Dealing’ category

« Older Entries
Newer Entries »

Website terms, copyright used to shut down real estate data scraping in Century 21 v Rogers

September 8th, 2011

You can always tell when you are about to read a good case by its opening paragraph. The decision of the BC Supreme Court in Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196  doesn’t disappoint. It begins as follows:

The ability of the law to adapt is part of its strength. Technological innovation tests that resilience. This case considers that ability as claims for breach of contract, trespass to chattels and copyright infringement meet the Internet.  At the root of this lawsuit is the legitimacy of indexing publically accessible websites.

This is a preview of Website terms, copyright used to shut down real estate data scraping in Century 21 v Rogers. Read full post.

No comments »

Posted in Copyright, Fair Dealing, Reproduction, contracts, implied licenses, shrink wrap license, web wrap agreement

Tags:

Technological change and copyright

September 6th, 2011

I gave a talk earlier today at Osgoode to the students enrolled in Osgoode’s IP Intensive Program. The topic focused on the impacts of technological change on copyright. My slides are set out below.

Sookman osgoode technology_focus_internet_and_it.ppt

View more presentations from bsookman
Permanent link to this post

No comments »

Posted in Copyright, Fair Dealing, Reproduction, Robertson case, authorization, communication to the public, conflicts of law, copyright reform, fair dealing for education, iiNet case, storage lockers

Tags:

University course packs going digital

August 24th, 2011

There has been a lot of debate recently concerning how universities should access and pay for content used for teaching purposes. Some, like Michael Geist, have argued that universities should forgo collective licensing from Access Copyright in favor of other “alternatives”.

Earlier this week, Metro Morning interviewed Jesse Hirsh on this topic. Check out the interview. Here’s a bit of what Jesse Hirsh had to say:

MATT GALLOWAY: What sort of copyright issues do digital course packs present?

This is a preview of University course packs going digital. Read full post.

1 comment »

Posted in Access Copyright, Copyright, Fair Dealing, copyright reform, fair dealing for education

Tags:

UK copyright caselaw update: the Lucasfilm, BT, ITV and Meltwater cases

August 1st, 2011

Is a stormtrooper’s helmet a sculpture protected by copyright? Can a defendant living in the UK be sued for infringing the US Copyright Act in the UK? Can an ISP be forced to block a foreign website whose services are being used to download infringing TV programmes and movies? Does Internet streaming of television programming without permission infringe the communication to the public right? Does temporary buffering to deliver streams of film and TV programming infringe the reproduction right? Does offering an online news clipping service which involves copying headlines and short extracts of articles infringe copyright? Can such a service rely on a fair dealing defense?

This is a preview of UK copyright caselaw update: the Lucasfilm, BT, ITV and Meltwater cases. Read full post.

No comments »

Posted in Copyright, Fair Dealing, ISP Liability, Piracy, authorization, communication to the public, conflicts of law, copyright reform, fair dealing for education, p2p piracy, public perofmance

Tags:

Developments in Computer, Internet and E-Commerce Law (2010-2011)

June 15th, 2011

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2010-2011). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory materials:

Privacy:

Cite Cards Canada Inc. v. Pleasance, 2011 ONCA 3

Leon’s Furniture Limited v. Alberta (Information and Privacy Commissioner), 2011 ABCA 94

State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada, 2010 FC 736

Nammo v. TransUnion of Canada Inc., 2010 FC 1284

This is a preview of Developments in Computer, Internet and E-Commerce Law (2010-2011). Read full post.

No comments »

Posted in Amazon, Computer Misuse, Copyright, E-commerce, Electronic Commerce Protection Act (ECPA), FISA, FIWSA, Fair Dealing, Google Book Scanning, ISP Liability, IT Contracts, Limitations of liability, Outsourcing, Patents, Piracy, Presentations, Privacy, Trade Marks, authorization, business method patents, communication to the public, conflicts of law, conflicts of laws, contributory infringement, data protection, idea expression dichotomy, iiNet case, intellectual property, p2p piracy, spam

Tags:

The Liberal Digital Canada Plan and Copyright

April 11th, 2011

Earlier today, Marc Garneau and guest commentators Michael Geist and Steve Anderson had a live online chat about the Liberal Digital Canada Plan.  A transcription of the chat is available here.

The Liberal Digital Plan says the following about copyright:

Fair balance Between Creators and Consumers.

Digital technology offers many new opportunities, but enjoying content without compensating its creators shouldn’t be among them. At the same time, consumers should have freedom for personal use of digital content they rightfully possess. Liberals have worked to pass effective copyright legislation, including a private copying compensation fund instead of any new tax on consumers.

This is a preview of The Liberal Digital Canada Plan and Copyright. Read full post.

No comments »

Posted in ACTA, Copyright, Fair Dealing, TPMs, berne three step test, c-32, copyright reform, notice and notice

Tags:

Margaret Atwood at the Parliamentary Committee on Bill C-32

March 18th, 2011

Margaret Atwood appeared before the Parliamentary Committee reviewing Bill C-32 on March 10. Participating by teleconference she told the Committee why she was against expanding fair dealing to include education and why she thought doing so was unfair.

Howard Knopf, in a recent blog, To Margaret Atwood: Copyright and Cars Cannot Conflate, accuses Ms Atwood of not understanding what fair dealing is. He further accuses her of getting basic facts about law and economics wrong when said that depriving creators of their rights to authorize the uses of their works  is akin to theft.  Mr. Knopf’s accusations are both unfair and unfounded.

This is a preview of Margaret Atwood at the Parliamentary Committee on Bill C-32. Read full post.

2 comments »

Posted in Bill C-28, Fair Dealing, c-32, copyright reform, fair dealing for education

Tags:

Clearing Up the Copyright Confusion (Part II)

February 22nd, 2011

By Dan Glover

Last week, a dispute arose about the scope of the “fair dealing for the purpose of … education” language proposed in Bill C-32, an Act to Amend the Copyright Act. This dispute was captured in a February 16 blog by John Degen, in which he discussed a running battle with the writer Cory Doctorow about what the Copyright Act currently allows in respect of fair dealing, and what it would allow under the proposed regime. Doctorow’s views are contained here in a responding blog.

This is a preview of Clearing Up the Copyright Confusion (Part II). Read full post.

No comments »

Posted in Copyright, Fair Dealing, c-32, fair dealing for education

Tags:

En réponse à «Pour démêler la confusion à l’égard du droit d’auteur» (Clearing Up the Copyright Confusion), du Professeur Michael Geist

January 26th, 2011

Par Dan Glover,* 9 janvier 2011 (version originale en Anglais)

 Résumé

  • La création d’œuvres protégées par le droit d’auteur pour fins pédagogiques est une entreprise importante et complexe, particulièrement dans un pays aussi vaste, diversifié et peu peuplé comme l’est le Canada. Il faudrait mener une réflexion approfondie avant d’instituer des règles d’utilisation équitable qui menaceraient l’édition pédagogique.
  • L’équité est un concept subjectif qui doit être examiné au cas par cas. Six ans seulement après la décision historique de la Cour suprême dans la cause CCH concernant l’utilisation équitable, la voici saisie à nouveau !
This is a preview of En réponse à «Pour démêler la confusion à l’égard du droit d’auteur» (Clearing Up the Copyright Confusion), du Professeur Michael Geist. Read full post.

1 comment »

Posted in Copyright, Fair Dealing, Fair Use, berne three step test, c-32, copyright reform, fair dealing for education

Tags:

Copyright law 2010 –the year in review in Canada and around the world

January 13th, 2011

Here is a copy of the slides I used today at the Law Society of Upper Canada’s Intellectual Property Year in Review conference. The associated paper prepared in collaboration with Glen Bloom, and with the help of others, is available here.

My slides summarize the following copyright cases from Canada, Australia, UK, Ireland, Singapore, Europe and the USA:

Canada

Alberta (Education) v Access Copyright 2010 FCA 198

Bell Canada v SOCAN (Tariff 22) 2010 FCA 220

Canadian Private Copying Collective v. J & E Media Inc., 2010 FC 102

Cheung v. Target Event Production Ltd., 2010 FCA 255

This is a preview of Copyright law 2010 –the year in review in Canada and around the world. Read full post.

No comments »

Posted in Copyright, Fair Dealing, Presentations, Reproduction, authorization, communication to the public, fair dealing for education, human rights, idea expression dichotomy

Tags: