Articles Behind Paywall Subject to Fair Dealing

Photo Credit: “Sugar” by Adam Engelhart | (CC BY-SA2.0)

Yesterday, the Federal Court released its decision in Blacklock’s Reporter v. Canada (Attorney General), 2016 FC 1255, a copyright infringement action involving the circulation of articles about the Department of Finance and sugar tariffs. Over the past couple months, the case received considerable media attention given its possibility of addressing fair dealing, copyright misuse and circumvention of technological protection measures (TPMs). Despite the fanfare surrounding Blacklock’s, the case was decided on a straightforward application of fair dealing and the Supreme Court of Canada’s jurisprudence on the subject. Cue the sad music for copyright nerds.

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Federal Court Continues Trend of Ordering Disclosure of Subscriber Information

After initiating a proposed class action lawsuit alleging copyright infringement in respect of five motion pictures (I have previously blogged on the Notice of Application), Voltage Pictures LLC (“Voltage”) has successfully persuaded the Federal Court to order the partial disclosure of subscriber information in order to proceed with certification of its “reverse” class action.

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Creative Pleading Seeks to Certify Copyright Class Proceeding

Voltage Pictures LLC has been busy in the Federal Court of Canada. As illustrated by the proposed class proceeding filed April 26, 2016, the movie production company is showing no sign of slowing down.

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Trifecta of Noteworthy Copyright and Trademark Filings

Although notices of appeal are common place in intellectual property matters, three recent filings at the Federal Court of Appeal are, at least in this author’s opinion, noteworthy to those in the copyright and trade-mark communities.

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