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Originality

Stairway to Infringement

Intro: “The Hook” This summer, an American jury found that “Stairway to Heaven” [hereafter Stairway] rockers Led Zeppelin did not infringe the song “Taurus” [hereafter Taurus], performed by the band Spirit. The plaintiff, Randy Wolfe—or rather, a trustee for the trust which owns the late Wolfe’s copyright—was Spirit’s songwriter, guitarist and vocalist, and the copyright […]

The Artificial Intelligence Revolution

A few thoughts on Prof. Jean-Gabriel Castel’s talk, Fully Autonomous Artificial Super-Intelligence: Is it a threat to the human race or a blessing? How can it be controlled? Introduction Before they died, my parents told me stories of how the world once was 
 They remembered a green world, vast and beautiful. Filled with laughter […]

IP Osgoode Speaks Series featuring Dr. Abraham Drassinower: What's Wrong with Copying?

On March 11, the IP Osgoode Speaks Series hosted University of Toronto’s Professor Abraham Drassinower to present his new book, What’s Wrong with Copying? His presentation was followed with comments by Professor Bita Amani from Queen’s University, as well as Osgoode’s own Professor Carys Craig; each of whom offered insightful critiques of Drassinower’s book.

Attacking the Attack Ads: Broadcasters Strike Back

Political attack ads are a Canadian electoral staple, compressing incriminating, damning and provoking footage into 30-second media bites. Typically, the subject matter is harvested from archived footage of the target captured under the media’s ever-watchful lens. Political parties have freely taken to exploiting news materials without the consent of originating news agencies. Broadcasters strongly condemn […]

The User-Generated Content Exception: Moving Away from a Non-Commercial Requirement

Introduction In December 2006, Time magazine celebrated “You” as the person of the year.[1]  In the article, Lev Grossman stated that our history is no longer shaped by a few famous men but by all of us who are part of the new Web.[2]  He applauded the fact that over the past year: We made […]

When Choosing the Street (Art) Life Leads to the Court Life Choosing You

After Starbucks, American Eagle and Roberto Cavalli, it is now Moschino and its designer Jeremy Scott’s turn (yes, again) to face the latest street art copyright infringement case. Joseph Tierny — a New York artist commonly known as Rime — is accusing Moschino and Scott of “inexplicably plac[ing] [his] art on their highest-profile apparel without his knowledge […]

‘United We Play’ or ‘United We Sue Away’? The Copyrightability of Sports Moves

With the Pan Am and Parapan Am Games (the “Games”) upon us, IP enthusiasts are eagerly debating the issues surrounding the Games with respect to – well, IP law. One of the many debates permeating conversations is whether athletes can protect sports moves as intellectual property. For example, can a swimmer copyright a secret way of pulling their arms through water? […]

User Generated Content: Generating More Questions than Answers

IP Osgoode and the Genest Memorial Fund hosted an electric and vibrant panel on Thursday, October 10 to discuss the newly enacted User-Generated Content (UGC) provision in the Copyright Act. While there were many disagreements between proponents and skeptics of the provision, the panellists all seemed to agree on one thing - it’s legislative ambiguity.