In an age where online image sharing is more prevalent than ever thanks to the abundance of different social media platforms, the question of who has a right to use what photographs or creative visuals may appear increasingly complicated, but the truth is that similar copyright principles that apply to a physical photograph or artistic image also apply to pictures shared over social media. Continue reading for a discussion of social media platforms’ rights to the images posted by their users and for an explanation of Canadian copyright in images.Continue reading
Author: Kiera Boyd
The Canadian Broadcasting Corporation v. Conservative Party of Canada Decision and Fair Dealing
The Federal Court recently released its decision in Canadian Broadcasting Corporation v. Conservative Party of Canada, 2021 FC 425 [CBC] in which it found that the Conservative Party’s use of CBC’s copyrighted materials in their political campaign fell under the fair dealing exception in the Copyright Act. The court deemed the Conservative Party’s use of substantial sections of CBC’s original works to be fair because the usage fell under the category of criticism. In making this decision, the court left the door open for future users of copyrighted materials to argue that their use falls under the fair dealing exception for criticism even when the reproduced work itself is not the target for criticism.Continue reading
Are Recipes Protected by Copyright Law?
As it currently stands, Canadian courts have not yet addressed the issue of copyright in recipes, but what can we learn from the leading caselaw on the subject from the United States? Although there are important differences between copyright law in Canada and the U.S., it seems likely that Canadian courts would at least consider the state of the law in the U.S. should the issue ever appear in front of them.Continue reading
The Winkler v. Hendley Decision and Copyright in Non-Fictional Books
The Federal Court recently released its decision in Winkler v. Hendley, 2021 FC 498 [Winkler] in which it found that an author who claims to have published a non-fictional work cannot later claim that the work was in fact fictional in order to get around the principle that facts are not protected by copyright law.Continue reading