The Federal Court recently released its decision in Alberta et al v Canadian Copyright Licensing Agency (Access Copyright), 2024 FC 292, in which the Court confirmed that Copyright Board-approved tariffs are voluntary for users, upheld the statutory nature of copyright law, and affirmed freedom of speech protections afforded by parliamentary privilege. Continue reading to learn more about the importance of this Federal Court decision which followed the clear path laid out by the Supreme Court of Canada in its relatively recent copyright law jurisprudence.
Continue readingDoan v Clearview Inc and the Identification of Class Members
The Federal Court recently released its decision in Doan v Clearview Inc, 2023 FC 1612, in which the Court distinguished a situation where there is no basis in fact for proving that two or more class members can be identified for the sake of certifying a proceeding as a class action and a situation where it is merely difficult to identify said class members. Significantly, this case involved a situation where a company potentially ingested publicly available photographs online to aid the use of their technology, which is a circumstance that may become more commonplace with the ever increasing presence of Artificial Intelligence (“AI”) in all facets of everyday life. Continue reading to learn about how the Court’s decision in this case could have long lasting effects on the ability of individual plaintiffs to have actions filed against AI-related companies turned into class actions.
Continue readingVoltage Holdings, LLC v Doe #1 and Evidentiary Requirements in Copyright Infringement
The Federal Court of Appeal recently released its decision in Voltage Holdings, LLC v Doe #1, in which the court affirmed the minimum evidentiary requirements to establish direct and authorizing copyright infringement and clarified the extent to which an adverse inference may be drawn in the context of online copyright infringement.
Continue readingOpposition and Cancellation Proceedings Shifting Into Higher Gear in Canada
Until recently, opposition and administrative cancellation proceedings in Canada have been particularly lengthy. It was not uncommon to see decisions being issued in non-use cancellation proceedings before the Canadian Trademarks Opposition Board (TMOB) 3-4 years after their start. Similarly, in many cases decisions in opposition proceedings would issue 5-6 years after the end of the initial 2 month period to oppose. This is not because these types of proceedings are particularly cumbersome in Canada. Contrary to US oppositions there is no discovery in oppositions and administrative cancellation proceedings, only cross-examinations on affidavit are possible. The availability of very generous extensions of time and long delays to set a hearing or to render a decision on the basis of a written record explain most of these delays. This is changing rapidly.
Continue readingArchitectural Designs: Are they Copyrightable?
The concept of a piece of art that is architectural in nature or an artistically designed building being copyrightable might seem fairly self-explanatory, but what about the design plans for that architectural creation? Do the drawings created by an architect designing how a building will look ever attract its own separate copyright protection? Can those designs be used by someone else trying to create a similar looking building? Continue reading for a look at the ways in which architectural designs and plans are protected under the Canadian Copyright Act and Canadian caselaw.
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