Does Hyperlinking Create Liability for Copyright Infringement in Canada or the European Union?

This peer-reviewed article in the European Intellectual Property Review provides a timely comparative analysis of recent Canadian and European Union (EU) copyright cases regarding the nature and scope of communication rights, as applied to the issue of copyright infringement liability for hyperlinking. Mira Burri and I link possible copyright infringement for hyperlinking with the pertinent international […]

Parallel Imports Are Not Counterfeits: Trademark and Copyright Laws Should Distinguish

Parallel imports are not pirated goods nor counterfeit products. Rather, they are genuine articles sold in another country with the authority of the intellectual property rights owner. Parallel imports help to prevent geographic price discrimination. They are one way of encouraging pricing parity across borders, and an essential aspect of free trade.

Copyright Royalty Stacking: Multiple Payments for Music Licensing

Copyright is a bundle of rights which requires a variety of licenses to use. Copyright royalty stacking means the layering of multiple payments for permission to use copyright-protected materials. It is a phenomenon commonly encountered in copyright licensing transactions, especially music licensing. My book chapter in Michael Geist’s edited collection, “The Copyright Pentalogy: How the Supreme Court […]

The Impacts of Canada’s Copyright Modernization: Talking Digital Locks on CBC Television

When Canada’s copyright law was amended, one of the biggest changes was protect for digital locks. Since 2012 it has been illegal in Canada to circumvent technological protection measures. In this CBC television interview, on the Lang and O’Leary Exchange, I explain the adverse business impacts of locking consumers into particular platforms, or out of digital […]