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The Copyright Act Copyright Canada

Bennett Jones LLP

From Agriculture to Autos: What Right to Repair Means for Business

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In a significant development for farmers and the agricultural industry, amendments made last year to the Canadian Copyright Act have introduced new exemptions related to the right to repair and digital interoperability. These...more

Dickinson Wright

Good News for Creators: Canada Extends Copyright Term

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Just under the wire, before the end of 2022, Canada enacted a significant change to its copyright law. December 30 was fixed as the day on which section 281 of the Budget Implementation Act, 2022, No. 1 came into force. The...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

Smart & Biggar

Do you actually own the IP generated by your Canadian employees?

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Employees are the source of some of their employer’s most valuable intangible assets, that is, intellectual property assets. For this reason, it is usually in a business’s best interest to ensure their ownership of...more

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Supreme Court of Canada rules on Crown copyright

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On Thursday September 26, 2019, the Supreme Court of Canada issued its highly anticipated decision in Keatley Surveying Ltd v Teranet Inc (2019 SCC 43), finding that the Province of Ontario holds copyright in plans of survey...more

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USMCA v NAFTA: What’s changed and what it means for IP in Canada

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After more than a year of negotiations, Canada reached a new free-trade agreement with Mexico and the United States minutes before the midnight deadline on September 30, 2018....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

Bennett Jones LLP

Intellectual Property Meets Real Property: Recent Copyright Infringement Cases

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Two recent copyright infringement disputes involved the rare intersection of intellectual property with real property. In the first, the Ontario Court of Appeal determined who owned copyright in land surveys deposited with...more

Smart & Biggar

Structural engineers score big as Federal Court recognizes and enforces copyright on structure of soccer complex

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On September 12, 2017, the Federal Court issued its decision in Lainco Inc v Commission Scolaire Des Bois-Francs et al, 2017 CF 825, confirming that the plaintiff’s steel structure for an indoor soccer complex could benefit...more

Bennett Jones LLP

University's Infringing Reproductions Fall Short of Fair Dealing

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The fair dealing user right, as an exception to copyright infringement, has its limits. The fact that a use falls within an enumerated purpose under the Copyright Act is no guarantee of immunity from infringement. To avoid...more

Smart & Biggar

Nintendo Awarded $12.7 Million for Circumvention of Technological Protection Measures in Precedent-Setting Case

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In a precedent-setting decision issued yesterday, Nintendo of America Inc v King et al, 2017 FC 246, the Federal Court awarded $12,760,000 in damages for circumvention of technological protection measures (TPMs) and copyright...more

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Canadian IP law and practice in 2016: reviewing the highlights

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As the calendar turns the page from 2016 to 2017, we take the opportunity to review Canadian IP law and practice highlights from the past year....more

Dickinson Wright

Copyright Protection in Canada for Artists

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In Canada, “copyright” refers to the bundle of rights conferred by the Copyright Act (the Act) on the copyright owner and author of a work. The owner of copyright has the sole right to produce or reproduce a work (or a...more

Bennett Jones LLP

A Trend for Retailers to Avoid – Copyright Infringement Lawsuits Over Clothing

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Textile Copyright Infringement Claims on the Rise - Katy Perry received a lot of attention for the dress she wore to the Met Ball this year, and not all of it was welcome. A Brooklyn artist thought that the dress was an...more

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