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
In its February 2022 decision in RallySport Direct LLC, the Federal Court of Appeal (“FCA”) reiterated and confirmed the principle established in the decision of the Ontario Superior Court in Trader. This Court determined that a copyright owner could claim the statutory damages provided in section 38.1 of the Copyright Act (“Act”), even where there was no monetary damage and no loss of business opportunity.Continue reading
(French version available at bottom of article)
True to its continental European heritage, Canada has a strong regime for the protection of moral rights. This includes the inalienable right of creators to be associated with their work as its author and to protect its integrity, notwithstanding any assignment of economic rights. These rights have been recognized in Canada under the Copyright Act (the “Act”) since 1931 and have been repeatedly recognized in past decisions of the Supreme Court of Canada1.