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Results: 1-10 of 57

ASCAP, SOCAN, public performances and telecommunications

  • Heenan Blaikie LLP
  • -
  • Canada, USA
  • -
  • September 30 2010

The US Federal Court of Appeals for the Second Circuit decision in US v ASCAP (sometimes referred to as ASCAP v RealNetworks) has generated a surprising amount of commentary - particularly from practitioners and academics outside of the United States

Rush and Rush: using music in political activities (Redux)

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • March 15 2012

News reports that Rush (the band) have demanded that Rush (the Limbaugh) desist from using the band's music in his radio broadcasts have re-raised an issue we have considered here at the Signal on few different occasions

Question and answer: who owns the copyright in an interview?

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • February 4 2011

While this may seem to be an obscure (or least inconsequential) question, it has relevance not just for journalists, but for freelance writers, documentarians, creators of non-fiction works and novelists

Baglow v Smith: appeal court sets aside summary judgment and orders trial

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • June 14 2012

A further development in what could become a precedent-setting case involving online political discourse and blogs: the Ontario Court of Appeal has set aside the order of summary judgment in Baglow v Smith and has directed the action to proceed to trial

Hernandez gets boo-urned in Federal Court statutory damages for copyright infringement

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • January 16 2014

As my colleague Monique Ashamalla pointed out over at our sister blog, IP Advocate, the Federal Court of Canada recently handed down a judgment of

Warman v Fournier: infringement assessed

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • July 3 2012

The recent Federal Court of Canada decsion in Warman v Fournier (2012 FC 803 - for reasons which elude me, the decision is not yet available on the Federal Court's website, but Howard Knopf has generously uploaded a copy) has occasioned a host of thoughtful observations (see Knopf, Trosow, Geist), which I can only summarize and add a few hopefully trenchant elements of my own analysis

Rogers et al v Socan: w(h)ither the "making available" right?

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • November 16 2012

Among the unanswered questions arising in the wake of the massive changes to the Canadian copyright landscape in 2012 is the issue of precisely how the two seismic forces at work (i.e., The Copyright Modernization Act and the Supreme Court's "Copyright Pentalogy" cases) would interface with each other

Title dispute - similar or identical titles for film and TV projects

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • November 17 2010

A suitable name for an entertainment project can be critical to its success and can even enhance the aesthetic effect of the overall work

You're getting sued for what? An E&O odyssey (pt 3)

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • November 15 2011

This post is part of an occasional series highlighting the type of risks which film and TV producers face and which are supposed to be covered by E&O insurance, and which aims to demonstrate that what might seem to a producer to be paranoia on the part of their lawyer is, in fact, well-founded

Damage awards in internet defamation cases

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • November 28 2010

Matthew Nied has written a very interesting and well-researched article (published by the Alberta Law Review Supplement) (hat tip: slaw) calling for a reassessment of how Canadian courts treat damage awards for online defamation:"Damage Awards in Internet Defamation Cases: Reassessing Assumptions About the Credibility of Online Speech"