Excess Copyright is unafraid to describe while copyright is great, too much of a good thing can easily crumble. This blog tackles the copyright issues discussed by patent attorney, Howard Knopf of Macera & Jarzyna in Ottawa, Canada.
- Practice Area
- Administrative Law
- Admiralty & Maritime Law
- Advertising Law
- Alternative Dispute Resolution
- AmLaw 200 Blogs
- Antitrust Law
- Civil Rights & Privacy Law
- Consumer Law
- Corporate & Commercial Litigation
- Criminal Law
- Divorce & Family Law
- Education Law
- Election Law & Political Commentary
- Electronic Discovery
- Employment & Labor Law
- Environmental Law
- General Counsel Blogs
- Immigration Law
- Insurance Law
- Intellectual Property Law
- International Law
- Judiciary Law
- Media, Entertainment & Sports Law
- Law Firm Management & Legal Marketing
- Personal Injury & Medical Law
- Probate & Estate Planning
- Real Estate & Construction Law
- Tax & Financial Law
- Whistleblower Law
- Workers' Compensation
- Law School
I just can’t refrain from weighing in hopefully for one last time on the Knopf/Glover/Katz/Patry (in approximately that chronological order – key links provided below) kerfuffle ostensibly about the status of the “effect on the market” fourth factor in American fair use law. Although this has one...
European dentists will no doubt be ecstatic to learn that royalties cannot be extracted from them for music used on their premises since, among other reasons according to the ECJ:...it cannot be disputed that, in a situation such as that in the main proceedings, a dentist who broadcasts...
Listening out of the corner of my ear to the sometimes insightful but sometimes confused and even misleading testimony at C-11, I thought I heard some suggestions that Parliament should prioritize the “effect on the market” factor in CCH v. LSUC. Here is how the SCC listed the six factors in CCH...
Efforts Escalate to Reverse CCH v. LSUC and Mislead Canada's Parliament in Bill C-11 on the Three-Step Test
Unusual efforts continue unabashed and even escalate to somehow convince anyone who will listen that the Supreme Court of Canada got it wrong on fair dealing in its landmark 2004 decision in CCH v. LSUC, and that, if the Court does not “revisit” this decision in the current cases under reserve,...
(Mussorgsky/Stokowski/Disney - 1940)There has been a lot of discussion in recent days about the Canadian Bar Association (CBA) Submission on Bill C-32, the Copyright Modernization Act from February, 2011. That bill is the same as Bill C-11, which is now heading into the homes stretch in Parliament....
#C11 & Just Say No to Policy Bullying and the Imposition of Laws based on Policy-based Evidence Making
Beginning on Monday, March 12, 2012 we are going to see “clause by clause” alteration of Bill C-11. What Canadians will not see is what happens behind the scenes. The making of legislation has often been likened to the making of sausage:"There are two things you don’t want to see being made—sausage...
(Lesser Ury: Leser mit Lupe, c. 1895)So, AC has launched an Access Copyright Repertoire Look Up Tool in beta version. What follows is copied from the AC website with my comments inserted in bold red - except for the links, which are green. AC's words are in black italics. I make no...
Anyone reading the National Post this morning might be puzzled as to whether “some of the top” copyright lawyers in Canada actually understand what “plagiarism” really means.So – here is what it means. Please don’t take my word for it. I’ve copied below (with full attribution) the definition...
"Egregious action" & "serious willful infringement" by Penn law students of Louis Vuitton trademark? - C&D letter
So many IP lawyers have become so enamored of the word "egregious" that, if it were a trademark, it would now be seriously "diluted".The Oxford English Dictionary tells us that some of its meanings are as follows: 2.2 Remarkable in a good sense: a.2.a Of persons and personal...