Tag Archives: Copyright Act

Canada, Copyrights, Intellectual property

Williams v Music and Entertainment Rights Licensing Independent Network Ltd and the Territorial Principle

concert picture

In its decision in Williams v Music and Entertainment Rights Licensing Independent Network Ltd, the Federal Court denied a claim that the Applicant’s musical content had been used without consent in contravention of the Copyright Act (“Act”). In coming to its decision, the Court affirmed that removing or otherwise making unavailable copyright content does not amount to a contravention under the Act, as well as the notion that copyright law respects the territorial principle.

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Canada, Copyrights, Intellectual property, IP Litigation

Blacklock’s Reporter v Canada (Attorney General) and Password Sharing for Research Purposes

Social media phones

In its decision in 1395804 Ontario Ltd (Blacklock’s Reporter) v Canada (Attorney General), the Federal Court reaffirmed the broad nature of the Copyright Act’s (“Act”) fair dealing exception for research and made clear that the licit acquisition and valid use of a password does not constitute the circumvention of a technological protection measure (“TPM”). In coming to its decision, the Court considered three main issues: rectification, fair dealing, and technological protection measures. The Court also relied heavily on a previous case, 1395804 Ontario Ltd, Operating as Blacklock’s Reporter v AGC (“Department of Finance”), in which the same plaintiff, Blacklock, similarly alleged copyright infringement against another federal department.

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Canada, Copyrights, Intellectual property

Alberta et al v Canadian Copyright Licensing Agency (Access Copyright), 2024 FC 292 and the Voluntary Copyright Tariff Regime

Copyright sign cut-out on an urban background.

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.

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Analysis, Canada

Modernization Initiatives of the Copyright Board

justice statue

Why Is the Copyright Board Modernizing?

The Copyright Board of Canada (“the Board”) has announced the completion of Phase 1 of its Modernization Initiative that has taken place over the past four years as of May 2023. Following this, the Board released a report providing updates on the Board’s overhaul of its processes, internal policies, and organizational culture including the implementation of new Rules of Practice and Procedure that came into effect on March 1, 2023. Policies like improving efficiency, transparency, and access to justice of legal processes, all aspects of the Board’s initiatives, are often desirable changes in any context but why has the Board been prompted to take on this initiative?

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Analysis

PART I: Are Tattoos Protected by Copyright?

Men tattooing a person.

Updated October 18th, 2022

As tattoos have become increasingly common, the question of whether copyright subsists in a tattoo and what that means has come to the forefront of the copyright conversation. The deep personal connection that many people feel towards the permanent ink on their skin does not change the fact that the authorship and ownership of most tattoo designs most likely does not reside with the bearers of the tattoos, but rather with the tattoo artists. This fact creates a number of issues that can range from relatively simple problems, such as tattooists being prevented from using other tattooists’ designs on others, to complicated issues, such as large video game companies being unable to recreate accurate depictions of real tattooed celebrities who have given the companies permission to use their likenesses in games.

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