Topic: Copyright

NFTs and IP – Your opportunity to comment

On November 23, 2022, the US Patent and Trademark Office and the US Copyright Office issued a request for public comment on the subject of Non-Fungible Tokens (NFTs) and intellectual property rights. Comments are due by Monday, January 9, 2023. In addition, the Offices will offer three public roundtables: one panel on NFTs and patents … Continue reading

Overview of IP Law In Canada – The Intellectual Property Review

By Kristin Wall (CA) and Caroline Henrie (CA) on May 18, 2022 Posted in Copyright, Trademark

The recently published Eleventh Edition of the Intellectual Property Review (the Review) includes a Canadian chapter. Readers are invited to learn more on the various forms of IP protection available in Canada, and highlights of important changes in Canadian IP law over the past year. The chapter was authored by members of the Brand Protection Blog team. The chapter … Continue reading

Copyright Review Board – non-human authors not allowed

By Susan Ross (US) and Cassandra Gizzo (US) on March 16, 2022 Posted in Copyright

On February 14, 2022, the Review Board of the United States Copyright Office (the “Board”) refused copyright registration (for the second time) of a two-dimensional artwork entitled “A Recent Entrance to Paradise.” Although the work was an original work fixed in a tangible medium of expression, the Board found that it could not be registered … Continue reading

Please, sir, I want some more: Orphan works and other copyright law reforms

By Jackie O'Brien (AU) and Isobel Taylor (AU) on March 3, 2022 Posted in Copyright, Intellectual Property

Late last year, the Australian government released the long-awaited Exposure Draft of the Copyright Amendment (Access Reform) Bill 2021 (Cth) (Bill). The Bill is designed to implement aspects of the Government’s response to the Productivity Commission’s 2016 Inquiry into Intellectual Property Arrangements (on which we reported at the time here and here). As is often … Continue reading

Spotify successfully opposes POTIFY applications based on dilution by blurring

By Felicia Boyd (US) on February 9, 2022 Posted in Brands, Copyright, Intellectual Property, Trademark

In its first precedential decision of 2022, the Trademark Trial and Appeal Board (“TTAB”) sustained two oppositions filed by Spotify AB (“Spotify”) against registration of POTIFY for use in connection with an online ordering platform and community for medical and recreational cannabis consumers to connect with legal marijuana retailers. Both oppositions were sustained on Spotify’s … Continue reading

France – Strengthening the fight against online piracy

By Clément Monnet on November 8, 2021 Posted in Copyright

In light of the evolution of the digital practices of Internet users, the new law n° 2021-1382 of 25 October 2021 on the regulation and protection of access to cultural works in the digital era seeks to modernise the existing framework by creating a new regulatory authority and providing new tools for rights holders. A … Continue reading

Combatting Online Copyright Infringement

By Sarah Pennington on October 30, 2021 Posted in Copyright, Enforcement, General

The Internet is a fantastic platform for the widespread dissemination and exchange of works and information. It is also an increasingly popular medium for infringers to illegally source and share copyrighted materials. Losing control over you work is not only frustrating, it can damage your business or brand. Fortunately, copyright law prohibits the unauthorized reproduction … Continue reading

Keezio v. The Shrunks: the Cost of a Counterclaim

By Christopher Wilson on June 16, 2021 Posted in Copyright, General, Intellectual Property

A recent decision from the BC Supreme Court serves as a reminder both of the risk of getting sued for defamation for publicly alleging copyright infringement, including on Amazon, and also that companies may be required to post security for costs in order to proceed with copyright and other intellectual property (IP) claims. The decision … Continue reading

Canada Consults on Online Copyright Reform

By Colin Hyslop (CA) on May 4, 2021 Posted in Copyright, General, Intellectual Property

On Wednesday, April 14, 2021, the Canadian government launched a consultation on “a Modern Copyright Framework for Online Intermediaries”, seeking comments from the public until May 31. The goal of this consultation is to “ensure that Canada’s copyright framework for online intermediaries reflects this evolving digital world.” Alongside the announcement of this consultation, the government … Continue reading

U.S. Supreme Court sides with Google and ends software copyright battle

By Allie Porter (US) and Felicia Boyd (US) on April 14, 2021 Posted in Copyright

The Supreme Court ruled on whether Google’s copying of Oracle's Java SE API program was a protected “fair use” under US copyright law.… Continue reading

GIVE ME ONE REASON (Why I Should Settle this Copyright Infringement Dispute)

By Frances Drummond (AU) on February 11, 2021 Posted in Copyright, Intellectual Property

Sampling is a popular form of music borrowing, and it is common practice for artists to experiment and create derivative works of an existing song before obtaining a license from the copyright holder. This creative process received significant attention in a copyright infringement dispute brought by singer songwriter, Tracy Chapman, against rapper, Onika Tanya Maraj … Continue reading

Late-night law may have big impact on IP owners

By Tim Kenny (US), Alicia Groos (US), Sean Patrick McGinley (US) and Saul Perloff (US) on December 28, 2020 Posted in Copyright, Trademark

In a last minute effort to avoid a government shutdown, on December 21, 2020 Congress passed the Consolidated Appropriations Act, 2021.… Continue reading

Stuff of folklore: the sale of Taylor Swift’s masters

By James Jeffries-Chung (CA) on December 18, 2020 Posted in Copyright

Scooter Braun and Ithaca Holding’s recent acquisition of the record label Big Machine Records and, most importantly, the master recordings of Taylor Swift’s first 6 albums is no love story. Indeed, Scooter Braun’s subsequent USD $300 million sale of these masters to the Disney family founded private equity firm, Shamrock Capital, has Ms. Swift seeing … Continue reading

China quietly updates its Copyright Law

By Justin Davidson (HK) and Edward Yau (HK) on November 16, 2020 Posted in Copyright, Intellectual Property

On 11 November 2020, the Standing Committee of the National People’s Congress passed the amendments to the China Copyright Law (the Amendments), which will take effect on 1 June 2021. This is the third time the Copyright Law has been amended since it was promulgated in 1990. The first comprehensive amendment took place in 2001, … Continue reading

Are golf polos out of tune with the law?

By Jean-François Drolet on October 1, 2020 Posted in Advertising, Copyright, Counterfeiting

What do Bill Murray and Donald J. Trump have in common? At first glance, very little, one is a comedian and actor, the other is, of course, President! Yet, while everything drives them apart, both are golf enthusiasts, one owns a clothing golf company and the other owns many prestigious courses but, most importantly, both … Continue reading

Where the Rubber Hits the Road: Damages for Canadian E-Commerce Copyright Infringement

By Colin Hyslop (CA) on September 1, 2020 Posted in Copyright, General

In Rallysport Direct LLC v 2424508 Ontario Ltd, 2020 FC 794, the Canadian Federal Court awarded $357,500 in statutory damages and $50,000 in punitive damages for infringement of copyright in 1,430 photographs. Background Rallysport Direct LLC (RSD) is a wholesaler and direct-to-consumer supplier of aftermarket automotive components and accessories. It sells its products on its … Continue reading

Insights from the Australian Intellectual Property Report 2020

By Amanda Caldwell (AU) and Vicky Zhang (AU) on June 16, 2020 Posted in Copyright, General, Patents, Trademark

Intellectual Property (IP) Australia published their 2020 edition of the Australian IP Report (the IP Report) on 24 April 2020. The IP Report, which can be accessed here, provides a current overview of the IP sector in Australia and the latest data on the IP rights (IPR) administered by IP Australia. Reports such as the … Continue reading

Courts Across Canada Continue Reopening Plans

By Madeleine Hodgson (CA) and Renaud Garon Gendron on May 28, 2020 Posted in Copyright, Counterfeiting, General

Please see our updated version of this article, published July 10, 2020. Update – Response from Canadian Courts to COVID-19 As many Canadian jurisdictions begin to relax certain social distancing measures, it is time for an update on the status of the courts across Canada. As with the rest of us, the courts across Canada … Continue reading

Canadian Court Openings Begin – Closure Updates May 1

By Madeleine Hodgson (CA) and Renaud Garon Gendron on May 1, 2020 Posted in Advertising, Copyright

Please see our updated version of this article, published July 10, 2020. As a further update to our post earlier this week, the Federal Court and British Columbia Supreme Court issued updated notices, and Quebec has extended its declaration of a state of health emergency until May 6, 2020. We will continue to provide updates … Continue reading

Government edicts doctrine precludes legislators from claiming copyright protection

By Felicia Boyd (US), Alicia Groos (US) and Andre Hanson (US) on April 28, 2020 Posted in Copyright

In a 5-4 decision, the United States Supreme Court held in Georgia et al v. Public.Resource.Org., Inc. (No. 18-1150) (April 27, 2020) that the state of Georgia is not entitled to copyright protection for its official annotated code. The Copyright Act grants expansive rights for “original works of authorship.” 17 U.S.C. § 102(a). Georgia claimed … Continue reading

Court Suspensions Continue, with Some Exceptions

By Madeleine Hodgson (CA) and Renaud Garon Gendron on April 27, 2020 Posted in Copyright, Counterfeiting, General, Patents, Trademark

Please see our updated version of this article, published July 10, 2020. An Update on the Response from Canadian Courts to COVID-19 We are now more than a month in to social distancing measures, and it is time for an update on the status of the courts across Canada. As with the rest of us, … Continue reading

UPDATE: Canadian Intellectual Property Office further extends all deadlines to May 1st

By Catherine Daigle (CA) on March 29, 2020 Posted in Copyright, General, Trademark

In response to the continuing disruption caused by the COVID-19 outbreak, the Canadian Intellectual Property Office (CIPO) has announced on March 27, 2020 a further extension for filing deadlines – all deadlines ending in the month of April 2020 will automatically be extended to May 1, 2020. Parties in proceedings before the Trademarks Opposition Board should … Continue reading

Allen v. Cooper: Supreme Court Confirms States Can Not Be Sued For Copyright Infringement

By Felicia Boyd (US) on March 25, 2020 Posted in Copyright

In an unanimous ruling, the United States Supreme Court held that copyright owners cannot sue states for copyright infringement when states have copied or made use of their works without their consent. Sovereign immunity shields the states from any such claims and Congress’ attempt to abrogate that immunity in the Copyright Remedy Clarification Act of … Continue reading

Response from Canadian Courts to COVID-19

By Madeleine Hodgson (CA) and Renaud Garon Gendron on March 21, 2020 Posted in Copyright, General, Patents, Trademark

Please see our updated version of this article, published July 10, 2020. We know you have a lot to think about and plan right now and over the next few weeks. You can rely on us to keep your intellectual property litigation matters moving forward. To that end, we wanted to provide an update on … Continue reading