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Copyright Law Archives

Copyright Reform: Piracy punished by the Federal Court

Big moves from the Federal Court in copyright law! For the first time, in Nintendo of America Inc. v King et al., 2017 FC 246, the Federal Court imposed $11,760,000 in statutory damages for violation of the Copyright Act, ss 27(2) and 41.1(1), plus $1,000,000 in punitive damages. 

Fair Dealing Exception and Due Diligence

In a case from the Small Claims Division of the Court of QC, it turns out that the fair dealing exception does not always cover usage of intellectual property in news reporting - at least, not in all circumstances. In Saad c Le Journal de Montréal, 2017 QCCQ 122, the Journal de Montréal was found not to have exercised due diligence and to have infringed a photographer's rights for use of 2 photographs without permission or crediting.

European Court Of Justice Widens Digital Library Rights

In September 2014, the Court of Justice of the European Union ("CJEU") ruled to allow libraries to digitize and distribute books to reading terminals without a digitization licence. [1] Because of the manner of distribution, one wonders how the case will interact with the CBC v SODRAC appeal with regard to technological neutrality in Canada.

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