I just finished reading the fascinating reasons delivered by the Quebec Court of Appeal in the France Animation v Robinson, 2011 QCCA 1361 case. The main issue in the appeal was whether sketches and characters of the proposed TV series Robinson curiosity were infringed by the series Robinson sucro. The trial judge found infringement and the Court of Appeal upheld the judgment, in part.
Archive for the ‘idea expression dichotomy’ category
France Animation v Robinson – a case comment
January 2nd, 2012Developments in Computer, Internet and E-Commerce Law (2010-2011)
June 15th, 2011Here 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
Posted in authorization, communication to the public, Computer Misuse, conflicts of laws, contributory infringement, Copyright, data protection, E-commerce, Fair Dealing, FISA, Google Book Scanning, idea expression dichotomy, intellectual property, ISP Liability, IT Contracts, Limitations of liability, Outsourcing, Patents, Piracy, Presentations, Privacy, spam, Trade Marks
Tags: barry sookman class actions Copyright data protection E-commerce google book project intellectual property IT Contracts Limitations of liability Patents Privacy trade-marks
Copyright law 2010 –the year in review in Canada and around the world
January 13th, 2011Here 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
God of War and the idea expression dichotomy in copyright law
March 15th, 2010It is often argued by anti-copyright advocates that copyright is a monopoly that operates so stringently that it stifles creativity and leaves no room for others to create similar or competing works. This argument often overlooks the idea expression dichotomy principle in copyright law. This principle is applied, albeit with variations, throughout the world to regulate the balance between legitimate expression that cannot be copied without consent, unless an explicit exception applies, and ideas and concepts that can be freely re-used by anyone without consent, payment, or restrictions.
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