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CopyrightBACKGROUND, FOREGROUND & RESULTING TECHNOLOGY: Making Sense of IP Ownership in Composite Works
When parties contribute pre-existing IP to or jointly develop new IP, questions often arise about the licensing and ownership of IP rights in the deliverables. It is critical that the terms "background", "foreground" and "resulting" technology be properly defined to correspond to how that category of IP is assigned or licensed to the parties in the agreement. In this regard, it is important to appreciate the legitimate and competing interests of the parties in the contents of a composite work.
20 Feb, 2026
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Copyright
SHARING UNLISTED HYPERLINKS: Linkletter vs. Proctorio
Linkletter v. Proctorio considers whether sharing unlisted links to videos hosted on YouTube would violate copyright and breach confidentiality. By sharing hyperlinks to the unlisted videos, the court found Linkletter did violate both copyright and his duty of confidentiality to Proctorio.
15 Feb, 2024
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Copyright
Identifying Internet Subscriber Alone Not Sufficient to Prove Copyright Infringement
BitTorrent software continues to be a popular means to traffic copyright infringing works and stopping such unlawful activity continues to challenge for copyright owners. The recent decision in Voltage Holdings, LLC v. Doe, 2023 FCA 194 demonstrates these continuing challenges.
16 Oct, 2023
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Copyright
Making Available = Copyright Infringement
In 2012, the Copyright Act was amended to clarify that “making a work available†via the Internet is an exclusive right of the copyright owner. In 2022, the Supreme Court determined that royalties are payable upon "making a work available" regardless of whether the work is downloaded or streamed
8 Aug, 2022
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Copyright
US Introduces Copyright Small Claims Court
The US Copyright Office has introduced a "small claims court" for resolving claims. The three-member expert tribunal is designed to be faster, user-friendly and less expensive than court for claims less than $30,000 US. Both parties must agree to participate and injunctive relief is not available.
1 Aug, 2022
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Copyright
Copyright Term Extended
On June 24, 2022, amendments to the Copyright Act came into force which extend the basic term of copyright protection in Canada to the life of the author plus 70 years. This amendment was a term of the 2018 NAFTA trade agreement and brings Canada into harmony with the law in the US and Europe.
24 Jun, 2022
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