e-Lawg - IP :
Updated: 20/03/2005; 2:21:43 PM.

 

Michael Girard's e-Lawg

  CACounsel

  Girard Law Office

Categories

IP

Subscribe to "e-Lawg - IP" in Radio UserLand.

Click to see the XML version of this web page.

Click here to send an email to the editor of this weblog.

Listed on BlogsCanada

 
 

October 7, 2004

In Robertson v. The Thompson Corporation, the Ontario Court of Appeal had to consider whether a newspaper that placed an article from the paper written by freelance writer in two electronic databases violated the writer's copyright.

The Court stated: 

"I agree with the motion judge that the Globe prima facie infringed the freelance author’s copyright.  In order to fall within the Globe’s collective copyright, the reproduced database must have constituted the newspaper, “or any substantial part thereof in any material form whatever”.  Since I conclude that a database is not a newspaper and that what the Globe reproduced did not have the qualitative aspects of a substantial part of its newspaper, the Globe’s cross-appeal on this issue must fail."


10:17:40 PM    comment []  trackback []  


June 20, 2004

Cory Doctorow's notes on his presentation to Microsoft on DRM.
9:59:32 PM    comment []  trackback []  


April 15, 2004

BlogsCanada site has been sent a cease-and-desist letter from the Canadian Department of Justice for alleged copyright violation. The site mimics the the Government of Canada Website.


10:38:13 PM    comment []  trackback []  


April 14, 2004

CRIA filed a Notice of Appeal in BMG Canada v. Doe.  Previous post on the decision here.  It is likely that the Copyright Act will be amended by the time this matter is dealt with.
6:41:01 PM    comment []  trackback []  


April 13, 2004

The Globe and Mail carries an article covering the Heritage Minister's announcement that the government will move quickly to amend the Copyright Act to make downloading music illegal.


7:38:30 PM    comment []  trackback []  


April 6, 2004

A  Bill, which had included a provision to extend copyright protection for the unpublished works of dead authors, was passed today without the copyright provision.  The Bill would have extended copyright protection until the year 2017. The Bill would largely have benefitted the heir of Lucy Maude Montgomery, author of Anne of Green Gables.

It is interesting to contrast the Canadian government response to a request for copyright extension to protect a Canadian icon with the U.S. government response to extending the protection for Mickey.

If the purpose of copyright is to encourage the creation of works, it is difficult to see how protection of unpublished works more than 60 years after the artists death, accomplishes that objective.  Does a person contemplating writing a book or creating a cartoon character think, "Oh why bother, this is going to go into the public domain 60 years after I am dead and buried".

Globe & Mail CBC Lessig Approves


8:14:51 PM    comment []  trackback []  


April 5, 2004

Tyler Hamilton has a story in the Toronto Star providing some insight into the music industry's approach leading to its recent loss in Federal Court.


8:18:45 PM    comment []  trackback []  


© Copyright 2005 Michael Girard.



Click here to visit the Radio UserLand website.
 


Shoot the Stars

March 2005
Sun Mon Tue Wed Thu Fri Sat
    1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31    
Oct   Apr


Search e-Lawg
Search Web

[Macro error: Poorly formed XML text, we were expecting . (At character #361.)]