Canadian Lawyer

August 2019

The most widely read magazine for Canadian lawyers

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www.canadianlawyermag.com 49 Discover a team that is committed to quality and achieving success. With experts in trademark and patent law, Bereskin & Parr LLP provides practical and strategic solutions to help create, manage and enforce worldwide intellectual property portfolios while understanding your business needs. As Canada's top-tier IP firm, we consistently raise the benchmark for IP law. In the business of brilliance. bereskinparr.com BENCHMARK FOR IP unequal bargaining position of an artist compared to a producer and align Canada with its international partners. For the reversionary right to be automatic 25 years after an assignment without any mechanism for exercising that termination right "is huge [and] could disrupt almost any industry, frankly, but largely on the entertainment side," says Lovrics. C h u m a k c a l l s t h e C H P C recommendations "very artist-friendly." INDU Recommendation 14: That the government consider amending the Copyright Act or introducing other legislation to provide clarity around the ownership of a computer-generated work. Computer-generated work, whether artificial intelligence or other, is a hot topic, says Chumak. "If a tool is created by an author but the machine itself creates the work, who owns the copyright?" But although the committee has recommended that the Copyright Act be amended to provide clarity around ownership, it hasn't said how that will that be decided: Will the owner be the creator of the tool or will no copyright be assignable? INDU report, Recommendation 18: That the government introduce legislation amending s. 29 of the Copyright Act to make the list of purposes allowable under the fair dealing exception an illustrative list rather than an exhaustive one. "Top of mind has to be more fair dealing and 'illustrative' rather than 'exhaustive,'" says Hashim Ghazi, an associate at Deeth 2 PARLIAMENTARY COMMITTEE REPORTS, 58 RECOMMENDATIONS Standing Committee on Industry, Science and Technology (June 3): 36 recommendations Standing Committee on Canadian Heritage (May 15): 22 recommendations

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