New book display: Fair Use/Dealings Week

A book display with three books, on two levels of a bookcase. In the middle is a sign that says "New and featured books: Fair Dealings Week". Book titles are in the blog post.In honour of Fair Use/Fair Dealings week, here are some of the resources available in the Great Library:

Print

  • The Annotated Copyright Act by Normand Tamaro (Thomson Reuters, 2017)
  • Intellectual Property Litigation : Forms and Precedents by Paul V. Lomic (LexisNexis, 2016)
  • Intellectual Property Journal (Vol. 1-28, 1984-2016)

E-Books

*You must be signed in to the Law Society of Manitoba’s Member’s Portal before you are able to view these e-resources. If you are outside of Manitoba, please get in touch with your respective Law Society Library.

Articles & Websites
The following resources are freely available online for anyone to view:

  • Fair Dealing Canada – Resource hub for fair dealing in Canada
  • Michael Geist‘s website
  • Howard Knopf’s website, “Excess Copyright”
  • Here Come The Copyright Bots For Hire, With Lawyers In Tow by Steven Mendelez
    • “Anyone can now find infringers, send take-down requests, and quickly demand thousands in damages. Can the trolls be far behind?”
  • The Saga of Canada’s “Making Available Right” in Three Acts by Cameron Hutchison
    • “Enter our protagonist – the “making available right” [MAR] – which effectively identifies the point of upload as the situs of infringement, thus promising to remedy this situation. The uploader is the one who perpetrates infringement and this entity is now deterred from doing this for fear of being sued. […] it matters not whether the work uploaded is ultimately streamed or copied – we have “our man” and we do not need to worry about those downstream parties.”
  • Slaw also has an entire category dedicated to Intellectual Property

Manitoba eLaw – New Edition – Criminal Law

The February 2018 edition, Update No. 86, has just been released.

In This Issue

  • Indeterminate Sentences Constitutional: SCC
  • Ensuring Juries are Properly Instructed: MBCA
  • Photo Lineup Identification Evidence: MBCA
  • Role of Exceptional Circumstances in Sentencing “Limited and Rare”: MBCA
  • 45 Months’ Delay Unreasonable: MBQB
  • Recent Sentencing Decisions
  • Provincial Court Notice and Form
  • Recommended Reading
  • Criminal Justice Conference: CBA

Manitoba Legal News Round-up

The Manitoba Law Reform Commission is looking for feedback on two consultation reports:

  1. The Builders’ Liens Act: A Modernized Approach; and
  2. The Expropriation Act of Manitoba. 

The Law Society of Manitoba has published its Mission and Values  and its Strategic Plan 2017-2020 on their website.

All of Manitoba’s online systems will be unavailable from 5:00 p.m. February 16 to 8:00 a.m. February 20 in order to upgrade the site. This will include Manitoba Courts, Manitoba Laws and the Legislative Assembly.

The Great Library will be closed on Monday, February 19 for  Louis Riel Day. Lawyers may access the library between 10:00 a.m. and 5:00 p.m. by signing in at the security desk.

 

 

Webinar on U.S. Executive Branch Research

The Canadian Association of Law Libraries/Association canadienne des bibliothèques de droit (CALL/ACBD) is offering a webinar on U.S. Executive Branch Research for the Canadian legal researcher.

This program will cover the structure of the executive branch of the government as it relates to the creation and publication of administrative law in the United States.  As in previous seminars led by Professor Hazelton, US and Canadian systems will be compared.

Biography of presenter Professor Penny Hazelton:

Penny Hazelton worked as a law librarian for over 44 years at the University of Washington, the US Supreme Court Library, and the University of Maine. She has enjoyed teaching legal research to law students, lawyers, judges, prisoners, librarians, and members of the public.  She is the editor of Specialized Legal Research and co-author of the Washington Legal Researcher’s Deskbook.

Prof. Hazelton presented a similar program at the annual CALL/ACBD conference in Vancouver in 2016, which I attended. She helped shed some light on some of the more arcane practices of U.S. legislation as compared to Canadian legislation. This would be a great opportunity for anyone who needs a primer on U.S. legal research.

CALL/ACBD webinars are very reasonably priced at $45 for members, and $60 for non-members. (Disclaimer: I am on the Board of Directors for CALL/ACBD.)

 

Manitoba eLaw – New Edition – Property and Succession

Update 90, January 2018 has been published. Contents include:

  • Equity Enforces Promises That the Law Does Not: Cowper-Smith v. Morgan, SCC
  • Courts Play a Critical Role in Safeguarding Treaty Rights: SCC
  • Land Titles and Personal Property Registry Changes: Notices and Directives
  • Recommended Reading
  • STEP Programs

I found the Cowper-Smith decision of personal interest. When families no longer live close to aging parents, one sibling can be required to take on more caretaking duties than others, and there should be a way to guarantee recognition for this, especially, as in this case, where an oral agreement was in place.