Tagged: #enforcement

Recap to Online Copyright and Trademark Enforcement in the U.S. and Abroad

For those who did not have a chance to attend my January 20, 2015 presentation Online Copyright and Trademark Enforcement in the U.S. and Abroad, the Washington State Bar Association International Practice Section’s Blog, The Global Gavel, has provided a summary of my presentation. It overviews the main issues discussed and key takeaway points. Those with further questions should feel free to contact me.

A link to the presentation summary can found here.

Online Copyright and Trademark Enforcement Seminar

Wanted to let you all know that I will be speaking on cross-border online copyright and trademark enforcement at a Washington State Bar Association – International Practice Section seminar on January 20, 2015 at Noon at Davis Wright Tremaine LLP in Seattle, Washington.

Titled Online Copyright and Trademark Enforcement in the U.S. and Abroad, the seminar will cover issues in obtaining cross-border protection for copyrighted works and trademarks, understanding copyright and trademark enforcement systems in the U.S. and other jurisdictions, and using copyright and trademark enforcement measures on major online social media and retail sites such as Google, Facebook, Amazon, Baidu and others.

Further information on attending the seminar can be found here.

Hope you can make it. It should be fun!

Enforcing Online Copyright Protection Abroad: Part III – South America

As part of my ambitious plan to provide you with information on online copyright enforcement procedures through all of the countries in the world, I come to you with part III of my ongoing posting series on national notice and takedown provisions—South America. Although few South American countries have adopted full-fledged notice and takedown provisions as provided in the U.S., Australia, and others, many South American countries have or an in the process of adopting national notice and takedown provisions, either through legislative reforms or judicial action, or have adopted other measures owners or rights holders of copyright protected works (collectively, “Rights Holders”) can use to protect their works online.

However, as I have mentioned in previous posts on this topic, determining whether a Rights Holder can enforce rights in their work online and abroad depends on: (1) whether a work qualifies for foreign protection (aka national treatment) under the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) or the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); (2) whether the Internet service provider (ISP) hosting the infringing use of the work is subject to jurisdiction in the country where online enforcement is sought; and (3) what online copyright enforcement procedures are available in the country of enforcement.

Each of these issues have been previously examined here and those with further questions should consult with a qualified attorney.

Below are the current online copyright enforcement procedures in each South American country. However, a couple of preliminary notes:

Classifications: A South American country that maintain legal protocols for a Rights Holder to directly petition an ISP to remove infringing content in order for the ISP to qualify for safe harbor protection from contributory liability for copyright infringement is identified below as a “Notice and Takedown System.” A country that does not provide legal provisions for a Rights Holder to directly enforce their copyright protections through an ISP notification system, and are instead forced to seek copyright enforcement through legal action are referred to as a “Judicial System.”

Notice Limitations: Unfortunately, even if a country maintains a Notice and Takedown System, an ISP may still refuse to disable access to a website or website content upon receipt of a Rights Holder’s infringement notice. In such instances, a Rights Holder may be forced to seek enforcement through that foreign country’s legal system in order to remove such online content.

Time Sensitivity: As several of the listed countries in this posting are evaluating or in the process of implementing copyright reforms, either through legislation or judicial action, there is the possibility that the following information may soon change.


Enforcement System: Judicial System (Possible pending judicially-created Notice and Takedown System)

Berne Convention Member: Yes

Overview and Notes: Argentina does not currently provide statutory notice and takedown provisions. However, it was reported in June 2014 that the Argentine Supreme Court (Corte Suprema de Justicia de la Nación) heard oral arguments in Rodríguez v. Google Inc., where a lower appellate court had established a ISP safe harbor test where a Rights Holder couldnotify [a] search engine, identifying the alleged infringing contentand thesearch engine acts expeditiously to block the content via a quick and effective filtering method.” The Argentine Supreme Court has yet to publish a final opinion in Rodríguez, and Argentina’s civil law system makes it unclear whether any such judicial decision will require that all Argentine-based ISPs be subject to notice and takedown provisions upheld in such a decision.

Governing Legislation: Copyright Law (Law No. 11.723)

Notice Requirements: N/A


Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Bolivia does not currently maintain any notice and takedown provisions.

Governing Legislation: Law No.1322 on Copyright

Notice Requirements: N/A


Enforcement System: Judicial System (*Possible Notice and Takedown System)

Berne Convention Member: Yes

Overview and Notes: Brazil has evaluated notice and takedown reforms, enacted ISP liability legislation, and has even ruled that ISPs are subject to a notice system. However, it is still unclear whether nationwide notice and takedown provisions have been fully established in Brazil.  In 2012, the Brazilian government evaluated the Copyright Law Reform Bill (Bill nº 3133/2012), which commentators had reported was to include U.S.-style notice and takedown provisions. However, the Reform Bill has yet to be implemented. In August 2012, the Brazilian Superior Court of Justice held in a special judiciary opinion in Google Brazil (Special Appeal No. 1323754/RJ) that an ISP was required to temporarily remove infringing content 24 hours upon notice of infringement from a Rights Holder in order to retain immunity from from contributory liability for copyright infringement. However, commentators have questioned Google Brazil’s applicability to other Brazilian-based ISPs, requirements for Rights Holder infringement notices, and the duration of an ISP’s removal obligations, based on Brazil’s civil law system.

In May 2014, the Brazilian government enacted the Internet Bill of Rights (Law No. 12.965) that establishes liability for “Internet intermediaries” for failing to timely comply with a judicial takedown order. However, the Internet Bill of Rights provides no direct Rights Holder infringement notice provisions.

Governing Legislation: Law on Copyright and Neighboring Rights (Law No. 9.610), Internet Bill of Rights (Law No. 12.965)

Notice Requirements: N/A


Enforcement System: Expedited Judicial System

Berne Convention Member: Yes

Overview and Notes: Chile does not currently possess notice and takedown provisions despite agreeing in the U.S.-Chile Free Trade Agreement (FTA) to provide “legal incentives for [ISPs] to cooperate with copyright owners in deterring the unauthorized storage and transmission of copyrighted materials.” Chile rejected adopting notice and takedown provisions in its ratification of the U.S.-Chile FTA, as well as in proposed copyright reform legislation in 2010. Instead, Chile implemented an expedited judicial enforcement process where a Rights Holder may submit a judicial petition against a Chilean-based ISP in a Chilean Civil Court to expeditiously evaluate the alleged infringement and obtain an injunctive takedown order.

However, Chile may soon be required to implement notice and takedown provisions if the Trans Pacific Partnership (TPP) is finalized and the U.S. draft chapter is adopted in a final TPP agreement.

Governing Legislation: Article 85R, Law No. 17.336 on Intellectual Property

Judicial Petition Requirements:

-The allegedly infringed rights, with a specific indication of the rights and the infringement procedure;
-The infringing material; and
-The location of the infringing material in the ISP’s respective networks or systems.


Enforcement System: Judicial System

Berne Convention Member: Yes

Notes and Overview: Despite multiple reform efforts, Colombia does not currently maintain any notice and takedown provisions. Colombia had agreed to adopt notice and takedown provisions in a side letter to the U.S.-Colombia FTA in 2006. However, Colombia has yet to implement such provisions. In 2011, Colombian legislators introduced copyright reforms in Bill No. 201 (aka Ley Lleras 1.0) that included notice and takedown provisions, but it was not enacted. The Colombian Congress subsequently passed similar reform legislation in 2012, Law No. 1520/2012 (aka Ley Lleras 2.0), but such legislation was largely invalidated by the Colombian Constitutional Court in January 2013 on the grounds that such legislation was not properly implemented. Additional proposed copyright reform legislation, Bill No. 306, was circulated for comments in March 2014, but does not include notice and takedown provisions and has yet to be implemented.

Governing Legislation: Law No. 23 on Copyright

Notice Requirements: N/A


Enforcement System: Minimal Judicial System

Berne Convention Member: Yes

Overview and Notes: Ecuador does not currently maintain any notice and takedown provisions. Further, it was reported in December 2013 that the Ecuadorian National Assembly amended its Penal Code and the Intellectual Property Law to decriminalize all IP rights violations, thereby only allowing administrative actions and fines to enforce copyright in works in Ecuador, online or otherwise.

Governing Legislation: Intellectual Property Law (Consolidation No. 2006-13)

Notice Requirements: N/A

French Guiana

Enforcement System: Notice and Takedown System (*Restricted and Undetermined)

Berne Convention Member: Yes

Overview and Notes: French Guiana is an overseas department of France and is thereby governed by French copyright law. As a European Union (EU) member state, France was required to adopt notice and takedown provisions as provided under Article 14 of the EU Electronic Commerce Directive (Directive 2000/31/EC). However, the EU Directive provides only general recommendations, thereby giving EU member states such as France substantial flexibility to implement their own notice and takedown provisions.

France adopted notice and takedown provisions in its Creation and Internet Law where Rights Holder organizations could submit complaints to France’s online copyright authority, The High Authority for the Dissemination of Works and the Protection of Rights on the Internet (HADOPI), who would then provide notices to online infringers and remove allegedly infringing content under a graduated three-stikes approach. However, it was reported that individual Rights Holders were not allowed submit complaints to HADOPI, as such complaints must be submitted by agents of industry organizations, rights collection agencies, and the French Center of Cinematography.

Further, the French Ministry of Culture revoked the three-strikes approach on July 9, 2013 (Decree No. 2013-596) due to a perceived lack of effectiveness and public concerns that its enforcement measures were overly punitive.  However, the Decree did not expressly remove the Creation and Internet Law’s ISP penalties or its notice system. However, as mentioned, the HADOPI notice system, if still in effect, can only be utilized by industry organizations, rights collection agencies, and the French Center of Cinematography on behalf of individual Rights Holders.

Governing Legislation: Intellectual Property Code

Authorized Agent Notice Requirements:

-Sworn declaration that the authorized agent of the referral has standing to act in the name of the Rights Holder over the protected work or materials in question;
-Information on the website address(es) and other details of the alleged infringer; and
-Information on the infringing acts including date and time of the acts.


Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: According to the World Intellectual Property Organization, copyright law in Guyana is governed by its former colonizer, the United Kingdom. However, it does not appear that Guyana has adopted notice and take provisions as required by EU member states such as the United Kingdom under Article 14 of the EU Electronic Commerce Directive (Directive 2000/31/EC).

Governing Legislation: United Kingdom Copyright Act of 1956

Notice Requirements: N/A


Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Paraguay does not currently maintain any notice and takedown provisions.

Governing Legislation: Law No.1328/98 on Copyright and Related Rights

Notice Requirements: N/A


Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Despite multiple reform efforts, Peru does not currently maintain any notice and takedown provisions. Peru had agreed to adopt notice and takedown provisions in a side letter to the U.S.-Peru FTA in 2006, and it did adopt several copyright reforms in 2009 in order to implement its U.S.-Peru FTA obligations. However, such reforms do not appear to include notice and takedown provisions as promised in the U.S.-Peru FTA side letter.

However, Peru may soon be required to implement notice and takedown provisions if the TTP is finalized and the U.S. draft chapter is adopted in a final TPP agreement.

Governing Legislation: Copyright Law (Legislative Decree No. 822), and Law Amending, Incorporating and Regulating Miscellaneous Provisions on the Implementation of the Trade Promotion Agreement Signed Between Peru and United States

Notice Requirements: N/A


Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Suriname does not currently maintain any notice and takedown provisions.

Governing Legislation: Copyright Law of 1913

Notice Requirements: N/A


Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Uruguay does not currently maintain any notice and takedown provisions. It is reported that Uruguay is currently considering a number of copyright reforms, yet it does not appear that notice and takedown provisions are included in such reform proposals.

Governing Legislation: Law No. 17.616 Amending Law on CopyrightLaw No. 9.739 on Copyright

Notice Requirements: N/A


Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Venezuela does not currently maintain any notice and takedown provisions.

Governing Legislation: Law on Copyright

Notice Requirements: N/A

Special thanks to Sara Parker, recent Seattle University School of Law graduate and new member of the Washington State Bar for her assistance.

Australia Considers Enhanced Cross-Border Online Copyright Enforcement Protections

Australia’s Attorney-General’s Department (“AG”) recently opened a public consultation on potential reforms to Australian copyright laws (Copyright Act 1968; “Copyright Act”) that would provide copyright owners and any person or entity possessing rights in copyright protected work(s) (collectively, “Rights Holders”) enhanced cross-border copyright protections. Among multiple reforms detailed in the public consultation discussion paper entitled Online Copyright Infringement (“Paper”), the AG proposed that the Copyright Act be amended to provide a Rights Holder the ability to apply for a Court order to block a foreign-based website from accessing Australia.

Titled Proposal 2 in the Paper (“Proposal”), the proposed amendments would allow a Rights Holder to obtain an Australian Court order against an Internet service provider (“ISP”) hosting an infringing website outside of Australia to block the site from access to Australia if the website’s dominate purpose is to infringe copyright. If enacted, a qualifying Rights Holder could effectively obtain limited Australian judicial protection for their work(s) outside of Australia, or conversely allow a Rights Holder to stem the international reach of a particular infringing website. The Proposal would be particularly useful for enforcement in cases where a Rights Holder wishes to enforce copyright protections in their work(s) against a non-Australian website hosted in a country whose laws or legal system is unwilling or unable to enforce the Rights Holder’s rights.

However, there are a number of issues about the Proposal that Rights Holders need to be aware of:

Legal Assistance Likely Required. A Rights Holder would likely need Australian legal assistance to obtain an order under the Proposal. As mentioned, a Rights Holder wishing to block a non-Australian based website under the Proposal would have to obtain an Australian court order to block the website from Australia. To do so, a Rights Holder would likely have to hire an Australian attorney, and particularly an attorney with intellectual property experience, to obtain such an order. By effectively requiring such legal assistance, seeking enforcement under the Proposal will have financial costs and would likely be more expensive that simply submitting a website take down petition to the ISP hosting the website. However, a Rights Holder’s enforcement options may be limited to judicial action such as that offered under the Proposal if the country where an infringing website is hosted does not possess an effective notice and takedown system.

High Burden of Proof. Rights Holders wishing to utilize the Proposal’s enforcement methods may face a high evidentiary burden to qualify for its protection. As detailed in the Report, in order for an Australian Court to grant an order against an ISP under the Proposal, a Rights Holder needs to establish that the website’s “dominate purpose” is to infringe copyright. Requiring that a Rights Holder establish that a foreign-based website’s dominant purpose is to infringe copyright likely establishes a high evidentiary burden as it requires showing that the site’s main purpose is to infringe copyright instead of merely establishing that the site infringes copyright as provided under most national notice and takedown enforcement systems. Based on this higher evidentiary burden, obtaining an injunctive order under the Proposal will likely be more difficult for a Rights Holder to obtain than a notice takedown. More generally, the Proposal’s evidentiary burden will likely exempt a large number of non-Australian websites that infringe copyright, and would otherwise be subject to enforcement action, simply because their infringing acts do not constitute their “dominate” purpose.

Indemnification and Enforcement Costs. The Proposal would also require that a Rights Holder “meet any reasonable costs associated with an ISP giving effect to an order,” and indemnify an ISP against any damages claimed by a third party against the ISP arising out of the ISP’s enforcement of an order under the Proposal. The financial costs an ISP may have for giving effect to an order under the Proposal is undefined, thereby making it unclear on how much it would cost for a Rights Holder to compensate an ISP for enacting an order under the Proposal.

Further, requiring that a Rights Holder indemnify a foreign ISP, namely provide legal protection for the ISP against any legal action it may face for complying with a Court order under the Proposal, would likely pose substantial risks and possible costs to Rights Holders. If a foreign website owner’s business is harmed when their website is blocked from Australia by an order under the Proposal, the Rights Holder in question will likely have to cover the legal costs and obligations of the ISP in any proceeding brought by the website owner against the ISP as the Proposal does not provide any limits on a Rights Holder’s ISP indemnity obligations. This makes seeking enforcement under the Proposal a riskier option that submitting a takedown notice as most countries’ notice and takedown systems do not generally mandate that a Rights Holder indemnify an ISP for any enforcement action taken by the ISP on behalf of the Right Holder arising out of a takedown notice.

It is Still a Proposal. The Proposal is just that, a proposal. It remains unclear whether the Proposal will be implemented, and if so what additional requirements, costs or obligations a Rights Holder may have in seeking enforcement under its protections.

What’s The Takeaway? If implemented, the Proposal would provide Rights Holders enhanced cross-border copyright enforcement protections by allowing them to prevent the access of foreign-hosted infringing websites into Australia. However, the Proposal has costs and risks that Rights Holders need to seriously consider, especially if cheaper and less risky enforcement options such as takedown notices are available. Further, the ambiguity of the Proposal’s costs and obligations mean that further details about the Proposal is needed in order to determine what particular costs and obligations Rights Holders will have in seeking enforcement under the Proposal.

On a side note, those who are interested in providing comments on the Proposal or other proposals in the Paper may submit comments to the AG (instructions here) before September 1, 2014.

Understanding Guernsey’s Recently Expanded Personality Rights Legislation

Co-Author Mackenzie Stout, J.D. Candidate 2014, Seattle University School of Law.

Personality rights are big business throughout the globe. Celebrities often license third parties the right to use their images and likenesses for thousands, even millions of dollars. For example, boxing legend Muhammad Ali’s personality rights were recently sold for $62 million. Yet, protection for these quasi-property rights varies from country-to-country, often limiting the degree to which celebrities, as well as ordinary persons and businesses, can protect their distinctive personal traits from unauthorized use at home and abroad.

Guernsey, the autonomous British possession and well-known tax haven island off the coast of France, recently made a bold move towards greater recognition of personality rights. By passing the Image Rights (Bailiwick of Guernsey) Ordinance, 2012 (“Ordinance”), Guernsey now grants personality rights protection to several personality traits and parties not granted under most national legal systems. By establishing the first ever registry of personality and image rights, and giving a registrant (including non-personalities) the ability to register the personality and image of a personality they intend to commercially manage, the Ordinance gives many persons and businesses the potential ability to protect their personal traits throughout the world.

So how does Guernsey’s new personality rights laws provide these protections?

What’s Is Registrable? As mentioned, Guernsey’s Ordinance allows the registration of personalities and images in Guernsey as a property right, much like a trademark or copyright registration. Personalities that can be registered include: (1) natural persons; (2) legal persons; (3) joint personalities (two or more persons who are intrinsically linked in the eyes of the public); (4) groups (whose membership can be interchangeable); and (5) human or non-human fictional characters. Such registration eligibility provides several advantages. First, the personality of a deceased natural person can be registered for up to 100 years after a person’s death and there is no fame or public recognition threshold necessary for registration. This means that any personage, no matter how well known, can be registered. Second, legal entities, such as businesses, foundations, and trusts, are now eligible to register as personalities, giving them the same rights and privileges to protect their personal traits as actual people.

Images associated with a registered personality may also be registered. Registrable images include an individual’s name or alias, voice, signature, likeness, appearance, silhouette, feature, face and even mannerisms. The proprietor of a registered personality has exclusive rights in the images registered against or associated with that personality. Even unregistered images may be protected if they are closely related to the personality. However, like any trademark or copyright registration, registering a personality or image in Guernsey’s Image Rights Register (“Register”) gives a proprietor of a personality or image rights more convincing evidence of ownership over such personality or image.

How Can a Personality or Image be Registered? A proprietor can register their personality or image rights in Guernsey in person or online. Like trademarks and copyright, an applicant should first conduct a search (known as clearance) for their personality rights in the Register, searching existing registrations for personalities and images that may preclude their own registration. If a personality or image registration application is accepted by the Guernsey Intellectual Property Office, it is published on the Register for one month, during which any person or entity may comment on and/or file a notice of opposition against the application. If no opposition is filed, the personality or image is registered with the effective date being the original filing date of the personality or image application. A personality or image registration is valid for ten years, and is renewable for subsequent ten-year periods.

How Do You Enforce Your Rights in a Registered Personality or Image? A registrant of a personality or image under the Ordinance would have to likely seek enforcement through Guernsey’s legal system, and then obtain a foreign enforcement of such a judgment abroad in order to effectively utilize Guernsey’s new image rights laws. A registrant may only file an infringement proceeding in Guernsey under the Ordinance if: (a) an infringing image is used for a commercial purpose or financial benefit; and (b) the infringing image is: (i) identical or similar to the protected image; (ii) confusingly similar to the protected image; or (iii) similar to the protected image and takes advantage of or is detrimental to the distinctive character or reputation of the registered personality. Exceptions to such infringement include any use of a registered personality or image related to education, news reporting, or incidental inclusions, where, for example, an image of the registered personality appears in the background of a television segment unrelated to the image or the registered personality.

If a registrant is able to succeed in a legal proceeding in Guernsey, they would likely need to seek foreign enforcement of such judgment abroad in order to effectively enforce their personality rights. As the vast majority of infringers will likely not be domiciled in Guernsey, a registrant will likely need to have a foreign Court enforce their Guernsey judgment in order to enforce their Guernsey image rights registration(s) abroad. The chances of being able to obtain such foreign enforcement depend on a number of factors including reciprocal enforcement arrangements between Guernsey and the country where the infringing party is domiciled, as well as the foreign jurisdiction’s own personality rights laws.

What’s The Takeaway? The implications of Guernsey’s Ordinance have yet to be fully realized, but any person or business wishing to protect their personality rights or limit their liability from the same should pay close attention to the Ordinance’s new legislation. Although Guernsey’ Ordinance appears to expand the types of entities and personal traits that qualify for personality rights, determining whether a foreign Court will recognize these new personality rights in their own jurisdiction remains to be seen. Persons and businesses wishing to obtain personality and image registrations in Guernsey should work closely with qualified counsel in order to better ensure proper registration of such rights.


PR Lessons To Be Learned From Canada Goose’s Brand Enforcement

Earlier this month, a number of international news outlets reported about Canadian clothing manufacturer Canada Goose who filed a trademark and trade dress lawsuit in Canadian Federal Court against Sears’ Canadian subsidiary (Sears Canada). The suit alleges that Sears Canada was selling knock-off versions of Canada Goose’s well-known parkas. In a statement of defense to Canada Goose’s lawsuit, Sears Canada claimed that Canada Goose’s lawsuit claims were not only unfounded, but that they were intended to bully retailers and control pricing. As reported in The Globe and Mail, the statement stated “the real purpose of Canada Goose’s campaign of intimidation is to attempt to prevent or lessen sales in the marketplace of less expensive winter jackets” and “to preserve its temporary ability to sell its garments at a huge markup to the public.”

Although Sears Canada’s comments are by no means unique for a defendant in such a trademark lawsuit, the reporting of the comments in several news outlets has significant public relations (PR) implications. By claiming that Canada Goose is using trademark laws to bully retailers and control prices, Sears’ comments inevitably impact the ways retailers and the general public perceive Canada Goose and its parka jackets. Negative public perceptions about a business’ IP enforcement actions can tarnish a business’ brand and hinder its domestic and foreign market opportunities—just like the counterfeit goods that it tries to protect itself against.

As I read multiple stories about Sears’ comments, I could not help but to think that Canada Goose did not effectively counter Sears’ accusations in the public forum. Many major international clothing manufacturers such as Gucci and Burberry pursue similarly proactive cross-border trademark enforcement strategies as Canada Goose. Yet, few of the reporting news outlets carried the comments of Canada Goose’s spokespersons who gave justifications for the lawsuit against Sears Canada. In fairness, claims of bullying are likely more sensational than justifications for brand protection. However, emerging global companies like Canada Goose must ensure that they effectively communicate to the public the justifications behind their IP enforcement actions. As growing businesses set their sights on international expansion, PR becomes nearly as valuable as trademark protection to ensure that they can take advantage of domestic and foreign market opportunities.

What’s The Takeaway? Businesses who seek legal protections for their brands need to consider the PR implications of their enforcement actions. This is even more important in an international context. As many countries and cultures have negative perceptions towards litigation, businesses need their legal counsel and public relations professionals to collaborate to ensure that the public is educated about their global IP enforcement activities. Doing so can help to prevent the unintended PR consequences that global IP enforcement can bring.

What PR issues does your business face in international IP enforcement?

Protecting Your Online Content on Both Sides of the Border

I had the honor to guest blog about cross-border online copyright enforcement for Vancouver Canada’s Kusic and Kusic Blog.  Check out my article at http://kusic.ca/legislation/protecting-online-content-sides-border.