The U.S. Supreme Court agreed on Friday to hear a case this term to decide whether a copyright plaintiff can recover damages for acts that occurred more than three years after the filing of a lawsuit. The case is poised
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.
Overview of IP Law In Canada – The Intellectual Property Review
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…
Copyright Review Board – non-human authors not allowed
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 due to a lack of human authorship.
Please, sir, I want some more: Orphan works and other copyright law reforms
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…
Spotify successfully opposes POTIFY applications based on dilution by blurring
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…
France – Strengthening the fight against online piracy
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 …
Combatting Online Copyright Infringement
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…
Keezio v. The Shrunks: the Cost of a Counterclaim
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…
Canada Consults on Online Copyright Reform
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…