Articles

Entertainment and Intellectual Property Law

  • Book Publishing in the Digital Era

    A book is a literary work within the meaning of the Canadian Copyright Act. Copyright protection is conferred on a literary work pursuant to section 5(1) of the thereof.The copyright subsists whether the work is published or unpublished and is for the life of the author plus fifty years. The right is conferred on the author of an original work

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    Business Method Patents and "Inherent Patentabililty"? - A Comparative Analysis.

    Patent protection, like other protection of intellectual property, is a means of encouraging innovation. The protection is in the form of monopoly rights conferred on the patentee to commercially exploit the invention for a limited time. There is a trade off between the grant of the monopoly right and the benefits to society. The trade off is disclosure. The patentee must disclose the invention so that the society can benefit from the work.

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    By Any Means Necessary - Pirating v. Protecting Copyright!

    Copyright policy has always been driven by the need to maintain a balance between the right holder and copyright pirates.The latter’s aim, it appears, is to benefit from the creativity of others by any means necessary.

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  • Filmmaking and Copyright: Negotiations, Rights and Release in Film Contracts.

    Filmmaking is a complex business. It is the one entertainment industry that seems to embrace all aspects of copyright law relating to works and performances.Generally speaking a filmmaking contract would cover the acquisition of literary works, procurement of talent, distribution and bonding, financing and music licensing. Music licensing can be easily regarded as the most complex item for negotiation.

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    Is My Face Really Mine?

    By face I mean image. Does it depend on whether you are a celebrity or on whether your face has value that can be exploited? These two questions seem to address the same issue but I submit that they are different. In the first case, the person would have already made a name for himself and his image. It is known that his image can be commercially exploited for profit.

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    Merger control in Jamaica

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  • Reflections on Tariff 22 & Communications to the Public.

    This decision is important or has implications for Sections 2.3, 2.4(1) and 3(1)(f) of the Canadian Copyright Act (hereinafter the Act). The implications include how section 2.3 is to be applied or interpreted and whether the current interpretation is in keeping with advances in technology and more so with International Treaties.

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