The Copyright Board’s Legal History Making
The Copyright Board is far more than a rate-setting body; it is heavily involved in either making or implementing copyright policy. While Parliament and the courts have, and exercise, the power to determine the law, increasingly these bodies are relying on the Board to apply the law in practice. The Copyright Board is probably the […]
Exhaustion of Intellectual Property
Though the scope of the doctrine of exhaustion, and the terminology used to describe it, is somewhat different in the contexts of copyrights, trade-marks, and patents, and in different jurisdictions, the concept and function are universal in intellectual property law. In Canada, the applicability of the exhaustion doctrine to copyrights, trade-marks, and patents seemed clear. But […]
Intellectual Property & Traditional Knowledge: My Interview on CBC Spark
Indigenous communities from India to South Africa to Canada have seen their traditional knowledge misappropriated and commercialized. In some cases, intellectual property rights are the root of the problem. In other cases, intellectual property rights can be part of the solution.
Respect and Reality are Keys to Copyright Reform
Copyright can be a polarizing topic, caricatured with imagery of toiling creators and freeloading pirates. The latest line is that Canada’s laws are hopelessly antiquated and can’t possibly cope with new cultural or technological phenomena. This kind of talk may produce headlines and a quick batch of legal reforms, but it does nothing to constructively facilitate intelligent policymaking. That requires a more nuanced point of view.
Implications of Net Neutrality for Canadian Culture
Network neutrality impacts not only the Canadian economy, but has implications for Canadian culture.
Who Really Owns the Stanley Cup?
As most of you remember, there was one year where the Stanley Cup was not awarded because of a labour dispute between the National Hockey League and its players. This dispute resulted in the 2004-2005 lockout, as well as a lawsuit over the ownership of the Stanley Cup. The dispute over ownership of the Stanley […]
Rights and Responsibilities of GMO Patent Owners
Music Distribution & the Internet
My review of Andrew Sparrow’s new book “Music Distribution and the Internet” was published in latest issue of FreePint. Read it here …
Levitation: Considering Proposals for More Private Copying Levies
My work on private copying levies was presented in Banff, Canada at a conference called, “Ethics, Creativity and Copyright” in August 2006. You can read my publications related to this topic here and here.
Social Hosts Not Liable for Drunk Drivers Leaving Parties
In Childs v Desmoreux, the Supreme Court of Canada ruled that party hosts are generally not liable if their guests drive drunk and injure third parties. My case comment, “Social Host Liability in Canada,” explores the major implications …
