Naomi Zener
Bereskin & Parr LLP
Articles
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…
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…
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…
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…
