As a new feature, from time to time the English portion of this newsletter will note the publication of books or articles that might be of interest to the CANTECH memberships. Subscribers who themselves publish relevant material are invited to send notice to the editors.
Michael Shortt, “The Writing Requirement for Canadian Copyright Assignments” (2021) 34:1 Intellectual Property Journal 1
Abstract: Transfer of copyright in Canada requires a written, signed assignment. While the idea of a writing and signature requirement may seem simple, the Canadian requirement has a complex history, and an unpredictable pattern of application by the courts. This article reviews the history of the Canadian writing requirement, which traces back to an unexpected source in 19th-century British jurisprudence. It then considers the policy objectives that have been advanced for the Canadian writing requirement, concluding that courts regularly apply the writing requirement in ways that are inconsistent with all of its most plausible purposes. Finally, the article reviews how courts have applied the writing requirement to practical litigation scenarios, including retroactive assignments, conditional assignments, and assignments via electronic writings and signatures. It concludes with a series of observations on law reform in this area, both judicial and legislative.
Special Issue (2021) 19:2 Canadian Journal of Law & Technology
This special issue of the CJLT contains a collection of articles focused on the problem of technology-facilitated gender-based violence (TFGBV). It emerged from a series of online events hosted by Osgoode Hall Law School and the University of Ottawa.