Tag Archives: Copyrights

The Canadian Broadcasting Corporation v. Conservative Party of Canada Decision and Fair Dealing

TV camera

The Federal Court recently released its decision in Canadian Broadcasting Corporation v. Conservative Party of Canada, 2021 FC 425 [CBC] in which it found that the Conservative Party’s use of CBC’s copyrighted materials in their political campaign fell under the fair dealing exception in the Copyright Act. The court deemed the Conservative Party’s use of substantial sections of CBC’s original works to be fair because the usage fell under the category of criticism. In making this decision, the court left the door open for future users of copyrighted materials to argue that their use falls under the fair dealing exception for criticism even when the reproduced work itself is not the target for criticism.

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Are Recipes Protected by Copyright Law?

food on forks

As it currently stands, Canadian courts have not yet addressed the issue of copyright in recipes, but what can we learn from the leading caselaw on the subject from the United States? Although there are important differences between copyright law in Canada and the U.S., it seems likely that Canadian courts would at least consider the state of the law in the U.S. should the issue ever appear in front of them.

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The Winkler v. Hendley Decision and Copyright in Non-Fictional Books

IP Copyrights

The Federal Court recently released its decision in Winkler v. Hendley, 2021 FC 498 [Winkler] in which it found that an author who claims to have published a non-fictional work cannot later claim that the work was in fact fictional in order to get around the principle that facts are not protected by copyright law.

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Everyone’s a Critic: Copyright Considerations for YouTube and Twitch Reaction Videos (Part II)

In Part I of this blog post, I explained what a reaction video is, how it could constitute copyright infringement under the Copyright Act, and how the possible legal exception for “criticism” or “review” might apply to a reaction video. In Part II of this blog post, I further analyze this exception through both a Canadian and U.S. legal lens (no pun intended).

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Everyone’s a Critic: Copyright Considerations for YouTube and Twitch Reaction Videos (Part I)

A few months ago, my colleague Jay Kerr-Wilson published this blog post on the intellectual property issues surrounding the phenomenon of “Let’s Play” videos, a genre of online videos where an individual records and broadcasts themselves playing a video game. The individual might film themselves or just provide audio commentary, but in either scenario their own content is layered on top of the game that they are playing. The blog post discusses how this video genre could be considered copyright infringement with respect to the video game being played, as well as why generally we are not seeing infringement cases in this area because of the symbiotic relationship between content creators and video game publishers.

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