Posts

Fair Dealing and Video Game Emulation – Assignment

Lately, I’ve been playing a lot of Fire Emblem: Genealogy of the Holy War. Fire Emblem itself is arguably Japan’s most famous tactical role-playing game franchise, with seventeen mainline entries and several spin-offs to boot.[1] However, I’m not playing the game on a console. The game was released exclusively for Japan’s Super Famicom in 1996, […]

Human Gene Patents: The Uncertain Legal Landscape in Canada and the Impact on Genetic Testing

A. From Collaboration to Monopolization In 1988, a small group of researchers from the United Kingdom, the United States, Canada, France and the Netherlands joined forces to identify the gene(s) associated with predisposition to early-onset breast cancer.[1] The medical community had observed that certain families have a higher incidence of this disease than the general […]

Following Suit with the Lawsuits: ANI Sues OpenAI Over AI Ingestion Issues

I stumbled across this article regarding the Indian news agency ANI who, like similar news and media entities in other jurisdictions, also sued OpenAI for unauthorized use of their news content for training ChatGPT, but this time in a New Delhi Court. Fair dealing also exists in The Copyright Act of India although the enumerated […]

Pop, Lock, and Lawsuit: Raygun: The Musical

Famed Australian Olympian, Rachel Gun (‘Raygun’) has again found herself in the international spotlight. Steph Broadbridge’s parody musical work, ‘Raygun: The Musical’, a story of Rachel Gun’s journey to the Paris Olympics 2024, was cancelled this past week following communication from Rachel Gunn’s legal team regarding potential ‘misuse of intellectual property’. The alleged infringement included […]

Let’s Taco ‘Bout It: The Trademarking of Voices

Back in 2020, years before we knew one another, a video that surfaced on the internet, captured both of our attention. This strange audio clip of Jay-Z reciting Hamlet’s famous “To Be, Or Not To Be” soliloquy not only triggered our curiosity, but that of many people on the internet [1]. Had Jay-Z discovered a […]

Unf(Air) Canada

Hi all, I just came across a commercial that reminded me of a controversial Canadian IP case. The commercial was aimed at bringing attention to issues faced by Air Canada flight attendants, and it directed me to go to a website called “unfaircanada.com.” As you may recall from Kaja’s excellent post in November, the Federal […]

The Wicked World of Intellectual Property: Defying the Gravity of Copyright and Trademark Law

Introduction For my project, I chose to hold space for the new Wicked movie (if you get it, you get it), and investigate how intellectual property protections manifest in the creative decisions made in the filming of the movie. There is a tension in intellectual property law between creative adaption and the protection of existing […]

A Short Trip to Switzerland

Since I spent most of my legal education in Switzerland and was now able to learn about some Canadian law approaches during my exchange term, I would like to turn the tables and, as my final project, familiarize you with a topic of Swiss IP law based on some of the cases we have just […]

Live-Streaming (Taylor’s Version)

As December begins and I start to accept my fate that I won’t be attending the Taylor Swift concert in Vancouver this weekend, I’ve resigned myself to the inevitable: watching the concerts on a grainy TikTok livestream. But as I sit here planning my weekend and finding the best streamers, I wonder — this can’t […]

Multiple Canadian News Media Sues OpenAI over Copyright Infringement

Several Canadian news media holdings are suing American company OpenAI, alleging that OpenAI scraped large quantities of information from Canadian sources and used that data to train, among other things, ChatGPT. This, according to the plaintiffs, was done without authorization. The plaintiffs seek both an injunction against further data scraping, as well as an unspecified […]

Copyright Protection in the “Vibe” of Social Media Content?

A Texas court will soon have to decide whether the “vibes” of a social media creator – in this case, the “clean girl” or “beige home” aesthetic – are copyrightable. Can the use of a similar aesthetic (and not the copying of a single photo or video) even constitute copyright infringement? As we have seen, […]