Analysis, Copyrights, Intellectual property

Doan v Clearview Inc and the Identification of Class Members

woman in front of digital tech

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.

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Analysis, Copyrights, Intellectual property

Voltage Holdings, LLC v Doe #1 and Evidentiary Requirements in Copyright Infringement

light bulb cloud

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.

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Analysis, Canada, Trademark

Opposition and Cancellation Proceedings Shifting Into Higher Gear in Canada

Notary public in office stamping document

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.

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Copyrights

Architectural Designs: Are they Copyrightable?

Drawing tools lying over blueprint paper

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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Copyrights

Is graffiti protected by copyright and if so, what are some of the legal issues posed by it?

Colorful red yellow and blue graffiti on a brick wall.

Copyright in graffiti is an interesting and relatively unexplored area of law in Canada. It is still unclear what kinds of protections a graffiti artists’ work can be afforded, but by looking at the relevant sections of the Copyright Act and examples of caselaw on related topics, it is possible to make predictions about how some of the main issues surrounding the subject might be dealt with by Canadian law. Continue reading for an exploration into the issues relating to reproduction and moral rights that graffiti might pose for Canadian courts and what they might consider if such issues were to appear before them.

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