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Following the lead of their American counterparts, Canada's biggest music producers recently asked the courts to order Internet service providers to identify customers who illegally swap songs on the Internet.
The impressive list of music conglomerates, including the Canadian units of giants Universal Music and EMI Music, asked the Federal Court of Canada to order the providers to disclose the identities of 29 large-volume song swappers to thwart the country's rising tide of music piracy.
“It's long established in Canadian law this process of releasing information, and we don't expect there to be any surprises,” says Richard Pfohl, general counsel for the Canadian Recording Industry Association.
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This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?