Tamara Winegust

Jul 16, 2024 | mondaq.com | Tamara Winegust

Canada may soon receive guidance on whether an artificial intelligence (AI) tool can be listed as an "author" on copyright registrations. Late last week, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC), filed an application with the Federal Court of Canada to expunge or amend a copyright registration for the work "SURYAST" (Fed. Crt. File no. T-1717-24). A copy of that work is shown below.

Jun 10, 2024 | mondaq.com | Tamara Winegust

Justice Roy confirms the centrality of Fair Dealing to the overall scheme of the Copyright Act, specifically in relation to the prohibitions around circumventing Technological Protection Measures, in the first Federal Court decision to consider the intersection of these provisions. In 1395804 Ontario Ltd. (Blacklock's Reporter) v.

Apr 15, 2024 | mondaq.com | François Larose |Tamara Winegust |Adam Aucoin

The Canadian Copyright Act, R.S.C. 1985, c. C-42 provides authors with two types of moral rights: integrity and attribution (the right to be associated with the work or to remain anonymous). However, where the claimed infringement relates to a useful article, the Federal Court of Appeal's recent decision in French v.

Mar 8, 2024 | mondaq.com | Tamara Winegust

Strike up the band—nearly five years after the coming into force (CIF) of major amendments to the Canadian Trademarks Act, the Canadian Intellectual Property Office (CIPO) has announced it has distributed all trademark applications filed prior to CIF (June 17, 2019) to examiners for first examination. As of February 28, 2024, CIPO's website was updated to show it has distributed for examination all trademark applications filed up until July 2, 2019 (previously, the date was "June 12, 2019").

Feb 23, 2024 | mondaq.com | Tamara Winegust

Crown Copyright is controversial in Canada. Set out under section 12 of the Copyright Act, Supreme Court Justices have cautioned that, read literally, it "would effectively empower the Crown to expropriate copyright from independent creators in any copyrightable work merely by publishing the work itself or causing a third party to publish the work" (Keatley, infra at para 97 (per Côté J., Brown J.)).