Here is a copy of the article with the above title published in the January 20, 2012 edition of The Lawyers Weekly.
In early December, copyright lawyers from across the country descended on the Supreme Court to participate in a cluster of cases that may redefine the scope of copyright in the digital era.
Posted in Copyright, Fair Dealing, communication to the public, fair dealing for education, infringment, intellectual property, public perofmance
Tags: barry sookman Bill C-11 canada communication to the public Copyright ESA v Bell fair dealing fair dealing for education Re:Sound SOCAN v Bell sound recordings video games
A UK judged ruled on Friday that the 23 year operator of the TVShack.net linking website could be extradited to the US to face a trial for alleged criminal copyright infringement. In rendering the decision the UK court made some important findings about the scope of UK copyright law. They included the ruling that organizing and providing hyperlinks to infringing content from a linking website can infringe the making available right.
Yesterday, I gave a talk at the Law Society of Upper Canada’s 16th Annual Intellectual Property Law: The Year in Review program. My talk canvassed developments in copyright in 2011. My slides are shown below. The associated paper prepared in collaboration with Glen Bloom, with the help of others, is available here.
My slides and/or the paper summarize the following copyright cases from Canada, the USA, UK and Europe:
CANADA
Re: Sound v Motion Picture Theatre Association of Canada 2011 FCA 70
Reference re Broadcasting Act 2011 FCA 64
Crookes v. Newton 2011 SCC 47
Posted in C-11, Copyright, Counterfeiting, Fair Dealing, Fair Use, Google Book Scanning, Internet defamation, Piracy, Presentations, Reproduction, Robertson case, authorization, communication to the public, conflicts of law, copyright reform, cyberlockers, fair dealing for education, human rights, hyperlinking liability, iiNet case, infringment, international law, jurisdiction, statutory damages, storage lockers
2011 was the year US copyright law was put to the test confronting whether cyberlockers and social media sites are liable for infringements contributed to by these sites. Some sites, like myVidster (see here also) Megaupload, Hotfile, and MP3tunes suffered set backs or losses in the US courts. Others, like Visible Technologies the operator of the myxer.com social radio website and most recently Veoh Networks were more successful, at least so far.
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.
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