A Time for Change: Toward a New Era for Intellectual Property Rights in Canada.A Time for Change: Toward a New Era for Intellectual Property Rights in Canada.

April 30, 2009April 30, 2009 Barry SookmanBarry Sookman 0 Comments

The Canadian Intellectual Property Council (CIPC) recently released a report entitled A Time for Change: Toward a New Era for Intellectual Property Rights in Canada. The report discusses the importance of an effective intellectual property (IP) rights (IPR) system in encouraging innovation, ensuring economic prosperity, and maintaining global competitiveness. It then outlines a number of areas in which Canada’s IPR regime lags behind other nations and does not adequately protect IPRs. In particular, it notes that counterfeiting and piracy go largely unchecked in Canada, costing the Canadian economy an estimated $22 billion annually.…

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Google Settles Book-Search Case with Authors and PublishersGoogle Settles Book-Search Case with Authors and Publishers

February 12, 2009February 12, 2009 Barry SookmanBarry Sookman 0 Comments

Google has entered into an agreement with the Authors Guild and the Association of American Publishers to settle two lawsuits over Google’s Book Search project. This settlement will allow more materials to be easily accessible online while also ensuring that copyright holders are able to receive compensation for their works.

In 2004, Google started scanning books and making their text available online, accessible through the Google search engine. In 2005, several publishers and authors filed a class action lawsuit, claiming that Google had violated US copyright law.…

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The SAC Proposal for the Monetization of the File Sharing of Music in Canada: Does it Comply with Canada’s International Treaty Obligations Related To Copyright?The SAC Proposal for the Monetization of the File Sharing of Music in Canada: Does it Comply with Canada’s International Treaty Obligations Related To Copyright?

November 7, 2008November 7, 2008 Barry SookmanBarry Sookman 0 Comments

In November 2007, the Songwriters Association of Canada (SAC) released a proposal for the monetization of the file sharing of music in Canada.  This article attempts to determine whether or not Canada, given its international and bilateral treaty agreements, could ever adopt the SAC‘s proposal.  The article approaches this analysis through the ― three-step test, which was adopted under the Berne Convention in 1971 and enshrined in the subsequent TRIPS Agreement and NAFTA; the article also analyzes whether or not the Proposal is compatible with Canada‘s obligations under the Rome Convention.  …

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Proposed Canadian Copyright Reform — Bill C-61Proposed Canadian Copyright Reform — Bill C-61

July 16, 2008July 16, 2008 Barry SookmanBarry Sookman 0 Comments

After much anticipation, the federal government released Bill C-61, An Act to Amend the Copyright Act. If passed, the Bill will (i) amend the Copyright Act in order to implement the World Intellectual Property Organization Copyright Treaty (WCT) and Performances and Phonograms Treaty (WPPT), (ii) create exceptions for certain uses of copyright material for private purposes, (iii) create exceptions for Internet service providers (ISPs), and (iv) permit certain uses for educational and research purposes of Internet and other digital technologies.…

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