One clear objective of Nasa’s Artemis missions is to bring about a permanent presence on the Moon that will include commercial and industrial projects. The potential for commercial and industrial activity on the moon is well-known. The range is vast, including the extraction of oxygen from lunar debris (regolith), solar farming, the extraction of hydrogen and water, the extraction of minerals (including critical minerals) and their use as building materials. Activities on the moon are seen as key to paving the way to human presence on Mars, including by having certain resources already present on the moon to facilitate their use and transport at a lesser cost to Mars.Continue reading
Category Archives: Analysis
Are Disney’s live action remakes extending the copyright of their animated movies?
During a time when Disney’s copyright protection over some of their most classic works is either nearing an end or has already ended in certain countries like Canada, it may seem oddly coincidental that Disney has begun to create live action remakes of many of their most iconic films.Continue reading
PMPRB Interim Guidance Updated
The Day of Reckoning for Official Marks – Coming Soon!
Official marks are an exotic species in the world of trademarks and a purely Canadian invention. They will soon become more vulnerable than ever due to the coming into force at some point in 2023 of a new provision of the Trademarks Act allowing third party challenges.Continue reading
“Making Available”– The Supreme Court Rules That There Is Only One Royalty Fee To Be Paid
Fasken successfully represented several of the respondents before the Supreme Court of Canada in Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30. In its recent decision, the Supreme Court conclusively rejected attempts by SOCAN to “double dip” on copyright royalties via the making available of copyrighted works and in the process helped clarify a number of important legal issues. Some of these issues are unique to copyright law, while others have broader relevance, including issues related to determining the standard of review post-Vavilov and how treaties should be used to interpret statutes.Continue reading