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Copyright Infringement Copyright Canada

Smart & Biggar

AI training copies blessed as “fair use” by U.S. Court – Can a similar path be forged in Canada?

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Judge Alsup’s summary judgement order in Bartz v Anthropic PBC1 released June 23, 2025 is making waves in the copyright and AI world. The order, issued out of the United States District Court for the Northern District of...more

American Conference Institute (ACI)

[Virtual Conference] The Legal and Regulatory Think Tank for Working with Influencers - July 16th, 9:00 am - 5:30 pm EST

Influencer marketing isn’t just a trend; it’s the new frontier of digital engagement. But with big opportunities come even bigger responsibilities (and risks). Join us for American Conference Institute and Canadian...more

ArentFox Schiff

Canadian News Outlets Seek What Could Amount to Billions From OpenAI in New Copyright Infringement Case

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OpenAI finds itself embroiled in another major copyright infringement lawsuit — this time in Canada. Similar to cases filed by major news organizations in the United States, a group of Canada’s biggest news and media...more

McDermott Will & Schulte

Canadian Legal Code? Copying Foreign Law Can’t Infringe Copyright Under US Law

The US Court of Appeals for the Fifth Circuit held that reprinting foreign law cannot be an infringement of US copyright law. Canadian Standards Association v. P.S. Knight Co., Ltd., Case No. 23-50081 (5th Cir. July 16, 2024)...more

Smart & Biggar

À qui appartiennent les créations générées par l’intelligence artificielle et pourquoi vous devriez vous en préoccuper

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Guillaume Lavoie Ste-Marie s'est récemment exprimé sur le thème de l'intelligence artificielle (IA) et de la protection de la PI pour les œuvres créées à l'aide de l'IA, en tant qu'invité de « Voix de la PI canadienne », un...more

Smart & Biggar

Who owns AI-generated creations – and why you should care

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Recently Guillaume Lavoie Ste-Marie spoke on the topic of Artificial Intelligence (AI) and IP protection for AI-generated works as a guest on Canadian IP Voices, an official podcast produced by the Canadian Intellectual...more

Blake, Cassels & Graydon LLP

Pour créer, l’IA générative doit-elle obligatoirement violer des droits d’auteur?

Quelques jours à peine après le lancement de ChatGPT d’OpenAI, des millions d’utilisateurs étaient déjà en liesse. Grâce à la structure de clavardage toute simple de ChatGPT, laquelle est fondée sur des questions et des...more

Smart & Biggar

[Ongoing Program] Brands in the Metaverse: Protecting Trademarks & Copyrights Online, in Digital Media, and Beyond - September...

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The Internet has developed into an essential part of virtually every business, from online sales, to software as a service, to online marketing. This has led to a corresponding rise in the type and volume of online IP risks...more

Smart & Biggar

Canadian Trademark Law 2021: A Year in Review

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2021 offered many lessons to Canadian trademark owners including: reminders of the challenges of enforcing inherently weak trademarks and the importance and benefits of registering IP rights at the Canadian border. As well,...more

Smart & Biggar

Stiff penalty for copyright infringer in Canada: Federal Court hands out prison sentence

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In a recent Federal Court case, the Court ordered the director of a corporation to be imprisoned for at least 6 months and payment of a $100,000 fine for bypassing an injunction against copyright infringement. We previously...more

International Lawyers Network

Reverse Class Actions in Canada: A New Form of IP Litigation

On September 8, 2021, the Federal Court of Appeal (FCA) in Canada released its decision in Salna v. Voltage Pictures, LLC, 2021 FCA 176 which considered whether a reverse class action, a term used colloquially to describe...more

International Lawyers Network

Enforcing IP Rights Through Online Intermediaries: The Need for Regulation in Canada

The rise of online intermediaries, such as Google, Amazon, and Facebook, has radically changed the way in which many businesses and individuals operate and has introduced novel legal and business questions and challenges. It...more

Smart & Biggar

Federal Court of Appeal upholds the validity of Canada’s first anti-piracy site-blocking Order

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On May 26, 2021, the Federal Court of Appeal issued its decision in Teksavvy Solutions Inc v Bell Media Inc et al, 2021 FCA 100, upholding the Federal Court’s order in Bell Media Inc. et al v Goldtv.biz et al., 2019 FC 1432...more

International Lawyers Network

Protecting Confidential Information in Canada: Is there a Better Way?

The British Columbia decision Equustek Solutions Inc. v Jack highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In...more

Smart & Biggar

Cloud computing: A brief overview of intellectual property issues "in the cloud"

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Cloud computing has increasingly become a dominant model for computer and information technology service, with the majority of businesses worldwide using computing resources and storing data “in the cloud.” However, despite...more

Smart & Biggar

Ontario Court finds room for fair dealing in documentary on The Room

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Recently, in Wiseau Studio, LLC et al v Harper et al, 2020 ONSC 2504, the Ontario Superior Court of Justice dismissed an action for copyright infringement brought against the makers of a documentary that used clips from the...more

Bennett Jones LLP

Federal Court Issues Site-Blocking Order for ISPs

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In Bell Media Inc. v. GoldTV.Biz, 2019 FC 1432, the Federal Court dealt with a novel motion in Canada for a “site-blocking order”. The broadcasting company plaintiffs sought an interlocutory mandatory injunction against the...more

Smart & Biggar

Federal Court issues unprecedented site-blocking order requiring Internet Service Providers to impede access to piracy services

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On November 15, 2019, the Federal Court issued an Order compelling Canada’s primary Internet service providers (“ISPs”) to block their subscribers from accessing two Internet services that distribute infringing television and...more

Fenwick & West LLP

Key IP Takeaways from the United States-Mexico-Canada Agreement

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On September 30, 2018, the United States, Mexico and Canada reached a trade agreement to supersede the North American Free Trade Agreement. The aptly named United States-Mexico-Canada Agreement includes intellectual property...more

Bennett Jones LLP

Norwich Relief—SCC Provides Guidance on Pre-Trial Disclosure Orders

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On September 14, 2018, the Supreme Court of Canada (SCC) released its decision in Rogers Communications Inc v Voltage Pictures, LLC, 2018 SCC 38 confirming the test set out in Leahy for obtaining a Norwich order (consistently...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The Goods on IP - July 2018

The July 2018 issue of Sterne Kessler's The Goods on IP® discusses developments on copyright infringement lawsuit timing, prosecuting consumer product claims that include conjunctive limitations, and an update on membership...more

Smart & Biggar

Media pirates walk the plank: extraordinary remedies against copyright infringers in Canada

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In most jurisdictions, copyright owners often face numerous challenges when seeking to enforce their rights against media pirates. These challenges may include suffering ongoing harm pending judgment, the difficulty of...more

Bennett Jones LLP

3 Business Cases to Follow in the Supreme Court's Spring Term

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The Supreme Court of Canada’s spring term begins on April 16, 2018. Chief Justice Wagner has already put his stamp on the Court, announcing in February that it would begin releasing “plain language” summaries alongside its...more

Smart & Biggar

Federal Court of Appeal approves website seizure and Anton Piller order against online copyright piracy platform

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On February 20, 2018, the Federal Court of Appeal issued its judgment in Bell Canada v Lackman (2018 FCA 42), declaring that an interim injunction authorising the shutdown and seizure of piracy websites and an Anton Piller...more

Bennett Jones LLP

Copyright in Seismic Data

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The seismic industry is of considerable significance to Canada's oil and gas business. In Geophysical Service Incorporated v Encana Corporation, 2016 ABQB 230 the Alberta Court of Queen's Bench had an opportunity to assess...more

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