A law firm for creatives & entrepreneurs
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 …
Internet Censorship Bills (SOPA/PIPA) – The Future? Read More »
A recent decision by the Quebec Superior Court has resulted in the Coalition Against Satellite Signal Theft adding more pressure on the Federal government to amend the Radiocommunication Act to make penalties more onerous so as to deter future infringements of satellite signal theft.
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 …
Trade-mark Registration for Entrepreneurs & Start Ups Read More »
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 …
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 …
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 …
[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 …
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 …
Copyright Infringement Case on Meta Tags A copyright infringement case on meta tags keywords was decided by the Federal Court. The recent Federal Court Case, Red Label Vacations Inc. (redtag.ca) v. 411 Travel Buys Limited (411 travelbuys.ca), 2015 FC19 considers whether meta tag keywords in the metadata of a website constitutes copyright infringement. Given that …
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Copyright Law Changes & Reform in Canada Since 2012 New changes in copyright law has seen a radical shift in direction. Below is a summary of the changes of the Copyright Act and how this can users and creators. Canada has taken a giant leap forward towards adapting copyright law and legislation for the digital …
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” …
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 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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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 …
The 2012 Copyright Modernization Act: Fair Dealing for Education Read More »
1. What is Fair Dealing? In a copyright infringement action, sections 29, 29,1 and 29.2 of the Act provides for the use of fair dealing as a defence. There are two basic prerequisites to determine whether someone can use “fair dealing” as a defence to a claim of copyright infringement. First, the dealing …
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 …
Fair Dealing in Canada: A Defence to Copyright Infringement Read More »
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 …
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 …
Copyright Term Pursuant to the Copyright Act The copyright term in Canada varies from the copyright terms of other countries such as the U.S. or in Europe where the copyright term is longer. After the copyright term expires, the work goes into the public domain where it is no longer afforded the protection of the …
Moral rights provide the author (who may or may not be the copyright holder of the work) of a work: (i) the right to the integrity of the work (i.e.to prevent the work from being distorted or mutilated) and to prevent it from being “used in association with a product, service, cause or institution” and …