Tag Archives: copyright infringement

CarGurus Enters Canada – Suit Ensues For Statutory Damages under the Canadian Copyright Act

11892290_10153570213132792_5698485790065904705_oThe plaintiff in a copyright infringement action has the option to choose to receive statutory damages rather than to establish its actual quantum of damages it has suffered. Statutory damages range from a minimum of $500 to a maximum of $20,000 for the infringements related to a given work. A plaintiff might choose statutory damages when the amount of its loss is difficult to quantify, particularly when works are downloaded in large quantities from the internet. The Canadian Copyright Act provides for various remedies for copyright infringement, including statutory damages as an alternative to compensatory damages and/or profits.

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IP Court has clarified that the use of a “plot generating object” in a movie may constitute copyright infringement

In mid-February, the Russian Intellectual Property Court issued an interesting decision, in which it indicated when filmmakers have to obtain a copyright owner’s consent for use of a movie prop.

Under the auspices of the case, Pan Press Publisher filed a lawsuit against Ren-TV TV Channel and AN-film Production Company claiming that its book cover design was illegally used in an episode of a comic TV series.

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Both “installation” and “storage” of software in computer memory may infringe copyright

On June 8, 2016 the Economic Disputes Judicial Board of the Russian Supreme Court published its Ruling in case No. А20-2391/20131.

Under the merits of the case, in 2013 Microsoft Corp. filed a lawsuit against Elsi-Trek LLC seeking to compensate for the infringement of the software illegally installed on the defendant’s computers. The software had allegedly possessed certain “counterfeit” characteristics (f.e., absence of the authenticity certificate, differences between activation keys, etc).

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Be Careful How You Get Over the Paywall: Recent Canadian Decision Holds That Non-Subscribing Reader of Paywall Article Infringed Copyright

iStock_000033506622SmallA recent decision from the lowest court of the Province of Ontario has raised questions over how recent amendments to Canada’s Copyright Act regarding “technological protection measures” (“TPMs”), such as subscription “paywalls”, will be interpreted and balanced with traditional copyright analysis.

In 1395804 Ontario Limited (Blacklock’s Reporter) v. Canadian Vinters Association, the central question considered was whether asking someone to provide you an article from a service that is behind a paywall constitutes copyright infringement?

In this case, court answered that, yes, it does. 

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Punitive Damages: Trademark and Copyright Infringement

The most recent case from the Federal Court continues the Court’s tough stance with respect to trademark and copyright infringement in Canada.

In Harley-Davidson Motor Co. Group LLC v. Manoukian, the Court awarded significant compensatory and punitive damages against the Defendant company and its principal.

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ILN Today Post

COURT FLAGS HISTORICAL USE OF NFL TEAM’S FORMER LOGO IN VIDEO GAME AS INFRINGING

Copyright law has long recognized that an artist’s right to protect his or her creation is somewhat limited by others’ rights to make fair use of a work in a reasonable manner. Courts frequently hold that copyrighted works can be used without liability, as “fair use,” in news reporting, critical commentary, and historical scholarship. More…

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ILN Today Post

A Big Red Bus – Copyright

From time to time I am asked by clients if they are entitled to use photographs of famous images on their packaging or on the products themselves. In some instances, the photograph is of an image such as a building, location, etc., which the client considers “generic” and should be available for use by anyone. A recent decision of the English Patents Court dealt with a claim for copyright infringement relating to photographs of London, UK tourist sites used by the parties to the action on the packaging of their respective products.

The plaintiff uses a photograph on its souvenirs of London, which has become famous in the souvenir industry and is very successful for the plaintiff. The defendant is a purveyor of teas and its tins and cartons have borne traditional English images, such as landscapes, London sites, etc. for many years. More…

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ILN Today Post

SECOND CIRCUIT REVIVES VIACOM’S MASSIVE INFRINGEMENT CASE AGAINST YOUTUBE

The Second Circuit recently breathed new life into a copyright infringement lawsuit brought by Viacom and other owners of video content against YouTube that alleges over 70,000 instances of copyright infringement that occurred on YouTube.

BACKGROUND

In 2010, the District Court for the Southern District of New York granted summary judgment in YouTube’s favor, finding that it was immune from the plaintiffs’ claims of copyright infringement as YouTube was eligible for the “safe harbor” protections against copyright infringement available under the Digital Millennium Copyright Act (DMCA) for qualified service providers. The main issue on appeal was whether YouTube could be deprived of the safe harbor protections available under the DMCA if it was generally aware of prevalent infringement on its site, or whether, instead, it would only be deprived of such protections if it had actual knowledge or was generally aware of specific infringing activity. More…

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