Posts

The Rise of the Machines

  “The rise of the machines is here, but they do not come as conquerors, they come as creators.”[1]  This concept of creating is fundamental to Canadian copyright law.  Indeed, copyright’s raison d’etre has been described as “encouraging the dissemination of works…and obtaining a just reward for the creator.”[2]  Why then, have these machines divided […]

Trademarks and Freedom of Expression

In the 2016 Republican primary debate, Senator Marco Rubio and Donald Trump had an exchange where senator Rubio joked about the size of Donald Trump’s hands alluding to another part of his anatomy. Referring to this exchange, Steve Elster began selling merchandise using the phrase “TRUMP TOO SMALL” and applied to register the phrase as […]

Steamboat Willie

A bit of a study break to write about some interesting news I came across this week – the iconic short film from Walt Disney, Steamboat Willie, is set to have its copyright expire and become part of the public domain next year. It got me thinking of how while copyright can’t be renewed through […]

POP QUIZ!

This is not a post to explore some recent IP news or to discuss anything all that sophisticated or groundbreaking. I thought this might a bit fun and a good warm up for the exam on Tuesday. This could also be a great opportunity to squeeze in some last minute participation marks. So, I invite […]

DEEZ NUTZ – Trademark Infringement?

Hi all, thought I’d share a couple stories I found were interesting.  The largest youtuber, Mr Beast, got sued for trademark infringement for the use of the name “Deez Nutz” on one of his candy bars by a peanut company called “Dee’s Nuts”. Lawyers for Mr Beast unsuccessfully argued that the term has been used […]

Fair use as a sword? The dancing baby case

It all started when Lenz posted a YouTube video of her then-toddler-aged son dancing while Prince’s song “Let’s Go Crazy” played in the background, and Universal used copyright claims to get the link disabled. The case brought to the court is: whether a rightsholder can use the Digital Millennium Copyright Act to take down an obvious fair […]

Different interpretation of “purpose and character of the use” in US fair use doctrine – Andy Warhol decision commentary

The Andy Warhol decision released in May of this year reflects the US court’s latest interpretation of the fair use doctrine, and sparked controversy of what constitutes the first factor in the fair use doctrine, namely, “the purpose and character of the use”. The differences between the majority and dissent opinions highlight the tension between […]

Trivial or not trivial?

One historical copyright case that I was familiar with prior to this course was centered around the theft of trivia. After taking the course, I am now looking at this case with a different perspective and wonder how it would be decided under current Canadian Law. Fred Worth from California published two books of trivia. […]

The Rising Disney Pixar AI Trend and Microsofts Attempts to Shut It Down

I am quite active on TikTok and recently came across a huge growing trend of “Disney AI”. Dozens of adorable images created by users in ways that resonated with them. With its growing popularity, I became intrigued. I too took a deep dive into seeing how any image in your camera role could be generated […]

“Intellectually Yours”: Navigating IP in the Modern World

“Intellectually Yours”: Navigating IP in the Modern World https://drive.google.com/file/d/1bE9wgo7_jS7l8L9lvsoVdq3pxNXb5utZ/view?usp=drive_web   Hello IP friends! We hope you are all doing well. As you study for exams we invite you to listen to our Podcast titled “Intellectually Yours” which we created as our Paper/Post/Presentation. “Intellectually Yours” is an exploration of the intersections of law and culture. With […]

Does Monopoly not have a monopoly on “opoly”? (Does anyone know what’s going on here?)

While I was in London Drugs looking for a study snack, I came across these couple of boardgames, “Canada-opoly” and “British Columbia-opoly”… does anyone know the story behind them?! They’re made by a company called “Offset Media” based in Victoria, BC.  Offset Media sell other kinds of “opolies” including Bible-opoly, Fort Mcmurray-opoly, and Santa-opoly. They […]

Adidas should have known better

Excuse me for a minute, while I write about some of my favorite things: Outdoor apparel, Intellectual Property Law and Paleontology  “You will never look at the world in the same way after you study IP law” remarked  a family friend (and now retired entertainment lawyer)  when I told him about my upcoming enrollment in […]

The Good, The Bad, and The Ugly of IP Law: the TRIPS Agreement and the COVID-19 Vaccine

Background.  The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which is administered by the World Trade Organization (WTO), serves to establish global standards for the protection of intellectual property rights (Sirleaf, 2021). The agreement outlines rules to ensure that the safeguarding and enforcement of these rights do not hinder international trade, and works to […]