Tag Archives: Copyright Act

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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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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Are Disney’s live action remakes extending the copyright of their animated movies?

a Tiara and glass slipper with the forest in the background.

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.

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The Federal Court of Appeal has spoken: actual damage doesn’t need to be proved in order to obtain statutory damages under the Copyright Act

close up of engine

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.

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Lavigne (Valmedia) v. 9061-6632 Québec inc.: Infringement of moral rights will not go unpunished

Lady Justice statue sits in front of courthouse columns.

(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.

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