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
Copyright
Courts Across Canada Continue Reopening Plans
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…
Canadian Court Openings Begin – Closure Updates May 1
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…
Government edicts doctrine precludes legislators from claiming copyright protection
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 it was the “author” of the Georgia official annotated code (“OCGA”) and, as the author, enjoyed rights as the copyright owner of the entire work. As the copyright owner, Georgia sought to prevent Public.Resource.Org (“PRO”) from posting digital versions of the Georgia annotated code on various websites without charge and without Georgia’s consent.
Court Suspensions Continue, with Some Exceptions
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: Canadian Intellectual Property Office further extends all deadlines to May 1st
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…
Allen v. Cooper: Supreme Court Confirms States Can Not Be Sued For Copyright Infringement
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…
Response from Canadian Courts to COVID-19
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…
UPDATE ON COVID-19 : CIPO announces extensions in wake of outbreak in Canada
Given the many challenges faced by all businesses in dealing with the COVID-19 outbreak, the Canadian Intellectual Property Office (CIPO) has advised that it will relax filing deadlines for the remainder of March 2020. This decision was first announced on…
U.S. Copyright Office: New Fees and New Technologies
If your business discovered that its revenue covered only 70% of its costs, it would be time for a re-examination of operations, both in terms of revenues and costs. The Copyright Office has issued some rule changes affecting both.
New Fees
According to the U.S. Copyright Office’s notice in the February 19, 2020 Federal Register (85 Fed. Reg. 9374, 9375), historically, the fees collected by the Copyright Office covered only 60% of its costs, and, more recently, only 70% of its costs. It has announced a new fee schedule, which includes many higher fees, some lower or unchanged fees, and some new fees. The new fee schedule goes into effect on Friday, March 20, 2020.