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Federal Court of Canada decision encourages creation of historical fiction
  • Bersenas Jacobsen Chouest Thomson Blackburn LLP
  • Canada
  • September 22 2016

The publishing industry in Canada recently welcomed a Federal Court of Canada decision dismissing a claim in copyright brought by documentary


Damages per work set at lowest end of commercial range where, inter alia, infringement appeared to be the product of both parties' poor record-keeping and rights management
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2016

In this copyright infringement claim, the Applicants alleged that they own or control the copyright to 21 musical works and that the Respondents


The Importance of Discipline In Branding: An Interesting, Unlikely Case Study Courtesy of Fletcher V. Doig
  • Blaney McMurtry LLP
  • Canada, Global, USA
  • September 15 2016

As the owners of international brands know well, vigilance is critical to sustaining and enhancing global identity, exclusivity, differentiation and


SOCAN Buys Audiam - The Consolidation and Fragmentation of Music Rights - What Does it Mean for Music Services?
  • Wilkinson Barker Knauer LLP
  • Canada, USA
  • July 22 2016

The Canadian performance rights society SOCAN (essentially the Canadian version of ASCAP, BMI and SESAC) has announced the purchase of Audiam, a


Canadian copyright laws have been amended to make works more accessible to people with print disabilities
  • Bereskin & Parr LLP
  • Canada
  • July 15 2016

In Canada, more than 800,000 people live with a visual impairment and approximately 3 million Canadians have an impairment related to comprehension


Reining in the Cable Killers: Federal Court Orders Crackdown on TV Set-top Boxes with Copyright-infringing Applications
  • McCarthy Tétrault LLP
  • Canada, USA
  • June 30 2016

On June 1, 2016, the Federal Court granted an interlocutory injunction against retailers of television set-top boxes with pre-loaded applications


Copyright does not monopolize facts - documentary filmmakers' claim against book author and publisher fails
  • Stewart McKelvey
  • Canada
  • June 29 2016

In May 2016, the Federal Court of Canada confirmed that copyright does not protect facts, even where a book's author is clearly inspired by the


Historical Facts and Copyright: the Maltz v. Witterick Case
  • McCarthy Tétrault LLP
  • Canada
  • June 27 2016

In re-examining the question of whether a particular set of facts can be subject to copyright protection, this case sheds light on the “substantial


Historical Facts and Copyright: the Maltz v. Witterick Case
  • McCarthy Tétrault LLP
  • Canada
  • June 27 2016

On May 10, 2016, the Federal Court of Canada rendered its decision in Maltz v. Witterick, denying the Applicants, Judy Maltz, Barbara Bird and Richie


Leave to Appeal to SCC: Rogers v SOCAN (2016 FCA 28) re Ringtones and Ringbacks
  • Bereskin & Parr LLP
  • Canada
  • June 24 2016

An application for leave to appeal to the SCC in the case of Rogers Communications Partnership et al v SOCAN, 2015 FC 286, reversed in part by 2016