Copyright Law

Internet Censorship Bills (SOPA/PIPA) – The Future?

The Future of Internet Censorship Bills Internet censorship bills at a standstill? With the tragic and sad death of the young Internet activist and founder of Reddit, Aaron Swartz, what will happen to the future of the Internet Censorship Bills (SOPA/PIPA)? While I don’t necessarily agree with everything Aaron Swartz advocated, I do think that …

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Trade-mark Registration for Entrepreneurs & Start Ups

Trademark Registration Overview for Startups Trademark registration process can be pretty straightforward with the right advice on how best to prepare a trade-mark application. A trade-mark is a word (or words) or a design (or combination) used to identify the goods and/or services of a person or organization used to distinguish the goods and/or services …

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The Trademark Application Process in Canada

Trademark Application Process Entcounsel is a law firm for creatives and entrepreneurs in the areas of social media law, technology, entertainment, copyright and trademarks.   The following post outlines the trademark application process in Canada.  You may be interested in reading What Is a Trademark. Entcounsel STEP 1 – Filing a Trademark Application A trademark registration …

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Completing a Canadian Trade-mark Application

Trademark Application Online The following article will help you complete your Canadian Trademark application online. It is recommended that you still consult a trademark agent or lawyer to help you prepare to ensure that the process goes smoothly. How to Complete A Canadian Trademark Application Online   Note: You can download a template of the CIPO …

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What Is Copyright?

This article summarizes Canadian copyright law by answering the question of what is copyright.  It provides an understanding of the law within a Canadian context.   Copyright is a right created by statute, The Copyright Act. The Copyright Act protects original literary, musical, dramatic, and artistic works, which including written materials and computer software. The Act …

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Intellectual Property Rights Overview

[slideshare id=52336147&doc=iprightspresentationsep22015-150902120541-lva1-app6891] What Are Intellectual Property Rights (subject matters of a licence agt) IP is original creative works reduced to a tangible form that can be legally protected. IP includes copyrights, patents, trademarks, industrial design (intangible rights) and trade secrets & confidential information. It’s intangible and invisible so easier for others to use unless physical …

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Copyright Infringement Online

Entcounsel is a law firm for creatives and entrepreneurs in the areas of social media law, technology, entertainment, copyright and trademarks. The following posts outlines the steps in removing copyright infringement online. How to remove copyright infringement online Step 1 – Contact Copyright Infringer Attempt to reach out directly to the infringer first to remove …

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The Copyright Modernization Act

Holy Copyright! [The Copyright Modernization Act has changed copyright law in Canada]. On July 12th, 2012 the Supreme Court of Canada released its reasoning on five copyright cases that were argued in December 2011. The recent passing of the Copyright Modernization Act, along with what has been dubbed the “Copyright Pentalogy” (I think “Copyright Quintet” …

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Obtaining Copyright Permission With A Collective Society

A collective society is an organization that administers the copyright of more than one copyright owner usually representing a certain sector of creators such as writers, musicians, etc. A Collective Society is defined as a society, association or corporation that carries on the business of collective administration of copyright or of the remuneration right conferred …

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Copyright Infringement & Legally Using Copyright Protected Works

Copyright infringement is a serious matter and there are ways in which you may lawfully use a copyright protected work.  You must obtain permission or authorization from a copyright owner in order to use or exploit any rights that only the copyright owner has pursuant to the Copyright Act.  Other means of using copyright protected …

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The 2012 Copyright Modernization Act: Fair Dealing for Education

Copyright Modernization Act The Copyright Act was amended on June 29, 2012, with the Copyright Modernization Act (S.C. 2012, c.20) also known as Bill C-11.  The amendments permitted fair dealing to now include fair dealing for education as an exception to copyright infringement. The purpose of the Copyright Act (R.S.C. 1985) is to balance the …

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Fair Dealing in Canada: A Defence to Copyright Infringement

Fair Dealing in Canada & Freedom of Expression in Copyright Fair Dealing in Canada:  the Copyright Act In a copyright infringement action, sections 29, 29,1 and 29.2 of the Copyright Act provides for the use of fair dealing as a defence.  There are two basic prerequisites to determine whether someone can use fair dealing in …

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Public Domain

  Public domain works allow a user to freely reproduce a work without obtaining the permission of the copyright holder. This article summarizes what is public domain and when a copyright protected work will fall into the public domain.  The public domain means that one can freely use works in which the term of copyright …

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Copyright Notice

Copyright notice form and importance are discussed in this post.  It is not mandatory to have a copyright notice in Canada as copyright is automatic upon creation.  However, it is advantageous to place a copyright notice to give notice to others that you own the copyright.  In the United States, there are requirements for marking …

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