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E&O 2.0: A Fair Dealing Odyssey

Canada - June 15 2022 Welcome to another instalment of comments on errors and omissions (“E&O”) insurance and legal review! Canada’s Copyright Act (the Act) is not like…

Share with Care! BC Court Allows Claim for Copyright Infringement Relating to Copied Links of Unlisted YouTube Videos to Proceed

Canada - May 11 2022 Simply because content is online does not mean it is necessarily free to use or “in the public domain”. In a current action finding its way through…

Adam Aucoin, Martin Brandsma, Bruna D.D. Kalinoski

The Copyright Ownership Boomerang: Automatic Reversionary Interests in Canada

Canada - March 30 2022 In Canada, an author's assignment of their copyright ownership is not always a final disposition of rights. Section 14 of the Canadian Copyright Act…

Mitchel Fleming, François Larose, Tamara Céline Winegust

The Devil is in the Details: Copyright Claim Struck for Failure to Plead “Written” Licence

Canada - March 11 2022 As noted recently by Canada's Federal Court: "the Copyright Act is, at the risk of understatement, complex". Commencing a claim for copyright…

Martin Brandsma, Mitchel Fleming

No Harm, No Foul: FCA Reaffirms No Mandatory Correlation Between Statutory Damages and Actual Damages

Canada - March 4 2022 The Federal Court of Appeal has reaffirmed the rule in Trader Corp. v. CarGurus, 2017 ONSC 1841 (Trader) that while there should be some correlation…

Adam Bobker, Mitchel Fleming