Law Commons^™

Copyright In Photographs In Canada Since 2012, Margaret Ann Wilkinson, Carolyn Soltau, Tierney Gb Deluzio

Law Publications

Photographs perform a unique function because they capture moments in time and that capture is contemporaneous with the subject of the photo: “[a] writer doesn’t necessarily have to be there to produce a story. A photographer, on the other hand, must be at the event when the event happens.”

In 2012, the Copyright Modernization Act changed the Copyright Act in terms of application to photographs. This column will first discuss how copyright now applies to photographs in Canada (who owns copyright and how long it lasts) and then describe the new users’ right now available in respect of commissioned photographs.

Workshop Report: Sustainable Mining, International Law, And The Rights Of Women And Girls, Sara Seck, Kirsten Md Stefanik

Law Events

Canada is a leading player in mining exploration and development both domestically, in communities across Canada, and internationally, with mining operations around the world. The Canadian Government has expressed a commitment to corporate social responsibility and sustainable development in international extractive operations.

This Workshop aimed to begin a conversation between academics and civil society working on the rights of women and girls and the extractive sector. The objective was to build an enriched understanding amongst attendees and bridge gaps between the work of organizations interacting directly with affected women and communities and the work of academics who research international national …

Managing Change In The Copyright Environment, Margaret Ann Wilkinson, Rob Tiessen

Law Presentations

Copyright holders and their agents intersect with libraries on many levels and in many ways. Many are represented by collective organizations. These organizations can sell individual licenses to uses of their works, or sell blanket licenses to packages of uses, or, indeed, apply to the Canadian Copyright Board to have tariffs imposed upon entire classes of libraries or institutions operating libraries. While the ways in which copyrighted materials are offered to libraries does not lie within a library's control, the response to a given offering does. This presentation will discuss the range of possible reactions to overtures from publishers, collectives …

Copyright Protection Of Photographs Post-2012, Margaret Ann Wilkinson

Law Presentations

No abstract provided.

Copyright Protection Of Photographs Post-2012 (June 2015), Margaret Ann Wilkinson

Law Presentations

No abstract provided.

Awareness And Perception Of Copyright Among Teaching Faculty At Canadian Universities, Lisa Di Valentino

FIMS Presentations

In this talk I discuss the results of a survey of Canadian university faculty members undertaken from October to December 2014. The survey sought to determine teaching faculty awareness of copyright law and institutional policy and training, and how they would respond in various scenarios.

Analysis of the results suggests that while faculty members are aware of the existence of their institution's copyright policy, much fewer know whether their institution offers training. Of those who do know about training, only one-third have attended. However, faculty who have attended copyright training find that their knowledge is enhanced by the experience.

It …

Copyright And Control, Margaret Ann Wilkinson

Law Presentations

Canada's Copyright Act has been said to create a balance -- but it is at least a 3-way balance, often difficult to discern in an individual case. Copyright is also fully statutory in Canada but changes as Parliament dictates -- and the latest changes to the Act (including "education" as fair dealing) have yet to be judicially interpreted. Given this environment, can control of the copyright portfolio be achieved in any given context?

Copyright Update 2015, Margaret Ann Wilkinson

Law Presentations

A review of the current copyright issues and events including but not limited to:
-the situation at the copyright board
-the latest in the courts
-international developments

Margaret Ann Wilkinson, OLA’s copyright expert, will report on key issues and activities that impact services and librarian activities in all sectors.

Fairness As Appropriateness: Some Reflections On Procedural Fairness In Wto Law, Chios Carmody

Law Publications

No abstract provided.

Independence And Wto Law, Chios Carmody

Law Publications

No abstract provided.

Rights, Loss And Compensation In The Law Of Torts, Andrew Botterell

Law Publications

No abstract provided.

Of Banks, Federalism And Clear Statements: Comment On Bank Of Montreal V. Marcotte, Wade Wright

Law Publications

Federalism-based clear statement rules require governments to use clear statutory language when they pursue initiatives with certain implications for the division of powers. This article makes the case for altering the analytical approach in relation to two of the key federalism doctrines (the doctrine of interjurisdictional immunity and the doctrine of federal paramountcy) by adopting a federalism-based clear statement rule. It makes this case in the context of a discussion of the Supreme Court of Canada’s decision in Bank of Montreal v. Marcotte (2014), an important federalism case that rejected the arguments of several banks invoking both doctrines to avoid …

From Law Grad To Better Citizen, David Sandomierski

Law Publications

No abstract provided.

Awareness And Perception Of Copyright Among Teaching Faculty At Canadian Universities, Lisa Di Valentino

FIMS Publications

This article describes the background, methodology, and results of a study undertaken in 2014 to determine university faculty awareness and perceptions of copyright as it affects their teaching. An online survey questionnaire was distributed to teaching faculty across Canada, seeking feedback about the copyright policies and training opportunities at their institutions, where they go for copyright assistance, and how they would respond to various copyright-related scenarios that may arise in the course of teaching.

Most of the respondents are aware of the copyright policies or guidelines at their universities, but much fewer know whether or not their institution offers copyright …