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A practical guide to software license agreements: source code escrow arrangements

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • October 28 2013

Software license agreements often include a source code escrow arrangement that allows the customer to access and use source code for the licensed

Foraging for photographs in the Great White North: Canadian IP considerations concerning photographs from the Internet

  • Smart & Biggar/Fetherstonhaugh
  • -
  • Canada
  • -
  • February 23 2015

Copying content from the Internet is a lot like picking berries in the wild: It can be easy and tempting, but potentially quite risky. In this regard

Software licenses and indemnities: what obligations are you taking on?

  • Field Law
  • -
  • Canada
  • -
  • June 5 2013

License agreements often contain indemnities. An indemnity is a contractual obligation to step in and reimburse some financial obligation such as a

Online infringement: Canadian "notice and notice" vs us "notice and takedown"

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • June 27 2012

News that Canadian band In-Flight Safety has been subject to postings of its songs on YouTube being removed by the service for purported copyright infringement ("Maritime band battles to keep music on YouTube") means a timely opportunity to consider the differences between Canadian and US copyright law when it comes to infringing content online

What’s in a name? (why there is no copyright in your name)

  • Stewart McKelvey
  • -
  • Canada
  • -
  • January 12 2015

The Alberta Court of Queen's Bench recently had to deal with a bizarre case in which the defendant obtained a Mastercard from Bank of Montreal, used

A practical guide to software license agreements understanding IP infringement indemnity and remedies

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • September 11 2013

Software license agreements often include a provision known as an "IP infringement indemnity" that requires the software vendor to

Canadian Internet users to begin receiving Notices of Claimed Infringement from their ISPs

  • Blaney McMurtry LLP
  • -
  • Canada
  • -
  • January 28 2015

The Copyright Modernization Act (the “CMA”), which amended Canada’s Copyright Act, received Royal Assent on June 29, 2012. However, the mandatory

“Idea theft” lawsuits gain new life in United States

  • McCarthy Tétrault LLP
  • -
  • Canada, USA
  • -
  • June 29 2012

In a case with several important echoes to Canadian appellate law, the United States Court of Appeals for the Second Circuit has revived the actor’s Hayden Christensen’s “idea theft” lawsuit against the USA Network this week in the Forest Park Pictures v. Universal Television Network Inc. decision

Canadian copyright: moral rights and criminal charges

  • Heenan Blaikie LLP
  • -
  • Canada
  • -
  • January 8 2013

In the autumn of 2012, Vladimir Umanets was charged and convicted of defacing a Mark Rothko painting at the Tate Modern gallery in London, England. As

Divisional court overturns motion judge and certifies class proceeding for copyright infringement

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 9 2014

In this case, Keatley Surveying Ltd. (the “Appellant”) appealed a decision of Horkins J., denying a motion to certify a class proceeding under the