Welcome to LAW4IT.COM

George C. Eyre, Law Offices provides practical advice and legal solutions to start-ups, consultants, and small to medium size companies in the I/T and multimedia areas. George C. Eyre, Law Offices is a law firm which concentrates on computer, Internet, intellectual property, privacy law, employment, entertainment and business law. We register and prosecute Canadian and American Trade Marks.

George C. Eyre, B. Math., L.L.B. M.Eng. has been well known in the I/T industry since 1988 when he was called to the bar. George C. Eyre is an ex-computer consultant who had ten years experience in the computer field with companies such as Bell Canada and I.B.M. ( New York ) before returning to law school to become a computer lawyer. George C. Eyre, Law Offices provides legal services in the areas of independent contractor agreements, Computer & Internet Law, Intellectual Property such as trade marks & copyright; Entertainment, Multimedia and Advertising Law; Corporate, Commercial & Business Law . B. Math., M. Eng. and runs a Website, law4it.com that features newsletters, articles, links and information on these matters. George C. Eyre has extensive experience in computer science, project management and systems and hence understands your business. He can apply this experience to assist you in meeting your goals and solving and preventing problems.

For new start up companies - please contact us by E-Mail: info@law4it.com or by phone: (416)362-0495 for information about out specially designed services packages & prices to meet your needs.

We are currently running winter promotions on selected services in the areas of Internet & Computer Law, Corporate & Commercial law, Entertainment Law and Intellectual Property Law i.e. trade marks and copyright: for more information click here: LAW4IT.COM Promotions!!

Legal News

The Canadian government has drafted guidelines that would allow it to effectively censor film and television production by denying tax credits to projects deemed offensive which could kill the productions for any film or television show that the government deems offensive or not in the public's best interest. Bill C-10 is currently at third reading in the Senate.

Canada's new copyright legislation was expected to be introduced in December 2007 but was delayed. Was the delay was due to opposition expressed in the media starting on the Internet? The controversy centers on the claim that the proposed legislation will follow the American Digital Digital Millennium Copyright Act (DMCA), passed ten years ago which contains tough measures for copying digital media and would catch such common practices as sharing music and video files, television time shifting, copying media from one media such as a DVD to MP3 plys or even backing up computers. Software developers are concerned that the proposed legislation could stifle competition without improving piracy. Many think that the protective measures in the DMCA are excessive and that it is possible to have a more balanced approach. In the World Intellectual Property Organization's (WIPO) Internet Treaties that Canada signed in 1997, there are fair dealing provisions that were largely ignored in the U.S. legislation. It has to be taken into consideration that we pay levies on blank media that is send to copyright collectives. We look forward to broad consultation from all interested parties - have your say as well!

The Ontario Court of Appeal created a "new and distinctive" defence for journalists reporting on matters of public significance; namely, the "public interest responsible journalism defence." In a major breakthrough for freedom of the press in Canada, the Court held that if a media outlet can show that it made every attempt to be fair and confirm that the contents of an article are true, it has a defence to defamation claim even if it got some of its facts wrong. The Court of Appeal ( in relying upon the Charter of Rights ) held that its traditional approach to the law of defamation which favours the protection of ones reputation over freedom of expression is out of sync in a country such as Canada that values freedom of expression. For a copy of the decision, click sources & links, CANLII - Ontario - Court of Appeal - Cusson v. Quan Nov. 13, 2007 Docket C45365.

The U.S. Court of Appeal found that major league baseball statistics were in the public domain. They were nothing more than facts and there was a strong public interest in keeping them in the public domain: C.B.C. Distribution and Marketing, Inc. v. Major League Baseball

The Copyright Board of Canada held on October 18, 2007 that the Society of Composers, Authors and Music Publishers of Canada (SOCAN) are entitled to collect 3.1 per cent on the sale of a song purchased over the Internet. This would translate into approximately 3 cents for a song purchased for 99 cents over the Internet. To read the decision and for information on other rates, please click on Sources & Links and click on Copyright Board to find the decision, SOCAN Tariff 22.A (1996-2006) Internet - Online Music Services

Dell: 1 Consumers: 0 The Supreme Court of Canada recently struck a blow to consumers by referring the case of dissatisfied customers to arbitration rather than certifying a class action law suit which would have made it easier for consumers to assert their rights. Dell Computer Corp. incorrectly offered its Axims computer for $ 89 and $ 118 on its web site ( when the actual prices were $ 379 and $ 549 ) and customers purchased computers on Dell's web site at these prices which Dell refused to honour. The Supreme Court upheld a clause on Dell's online agreement which requires dissatisfied customers to challenge companies through arbitration instead of through a class action. Some provinces such as Ontario and Quebec ( but not all ) have passed laws to prevent these types of clauses. See Dell Computer Corp. v. Union des consommateurs 2007 SCC 34. ( click on sources & links and CanLII )

TJX Companies Inc. and other data theft and losses have resulted in two class action lawsuits in Canada and approximately eight in the United States. An issue to be determined in Canada is liability and damages. The potential exposure is large.

Will Safe-Harbour in the Digital Millennium Copyright Act of 1998 (DMCA) protect YouTube?: NBC Universal and Viacom Inc. have filed amicus briefs in support of a suit against YouTube which was filed last year for alleged copyright infringement; however, Goggle relies on the safe-harbour provisions in the Digital Millennium Act of 1998 which provides protection for Internet publishers since it removes offending materials once notified. The plaintiffs in this action claim that Youtube could use software to identify and remove offending copyright content.

Copyright Board Approves Royalties for Online Music Downloads: On Friday March 16, 2007 On March 16, 2007, the Copyright Board of Canada ended a debate over what is fair compensation for copyright owners for downloading music over the Internet. The tariff provides applies retroactively from 2005 to 2007 that:

• 7.9% of the price for songs distributed via permanent downloads must be provided to the copyright holder
• For downloads provided via web subscription or on-demand streaming, the rates are 5.9% and 4.6% of the cost of a month's subscription, respectively.

For a copy of the decision, to to Sources & Links on this site and click Copyright Board ( Canada) and click CMRRA/SODRAC Inc. (Online Music Services) for the Years 2005 to 2007

Blogging is Journalism: NB Court: In the Queen v. Charles Joseph Leblanc, the Provincial Court of New Brunswick recognized blogging as a legitimate trade, and bloggers as legitimate members of the media. Further it held that , it was illegal for the arresting officer to remove Mr. Leblanc's digital camera, turn it on and delete pictures without a search warrant. The Court additionally found that the defendant, whom was never advised by the police that he would be arrested if he did certain things, was "simply plying his trade" along side other reporters ..." For the complete decision click Sources & Links in this web site and then CanLII - find the case in the NB section ( date of decision is November 24th, 2006) or by Docket: 05571102.

Are Your Internet Agreements Compliant with Ontario's Consumer Protection Act & Regulations: This Act and regulations which recently went into effect allow consumers to cancel Internet agreements during a certain period if the supplier has not the complied with the Act. The regulations currently provide that for Internet Contract involving more than $ 50, certain specified information must be provided to the consumer and the consumer have access to or receive a copy of the agreement.

Legal Risks for Web Site Owners:

Web site owners operate in a legally complex environment and there are many risks such as privacy complaints and law suits. It is vital for web site owners to have appropriate contracts in place in order to minimize risks. In order to determine what legal contracts you need, ask yourself the following questions:

Do I develop web sites for companies and organizations? If so, you need a web site development agreement.

• Do I Provide Access to the interest? If so, you need an Internet access agreement as well as terms of use which are properly brought to the users attention.
• Do I host the web sites of others? If so, you need a web site hosting agreement as well as a terms of use agreement.
  
• Do I have a web site? If so, you need a terms of use agreement and privacy policy statement.
  
• Do I have a domain name? You should consider registering appropriate trade marks in appropriate jurisdictions to protect your domain name to protect against loss of your domain name.
  
• Is someone designing a web site for me? If so, you would need a web site development agreement as well as a terms of use agreement and a privacy policy.
  
  
• The CRTC, on April 12, 2006, decided that television content that is broadcast through cellular networks is exempt from its regulations.
• In Nashville, two men were indicted for violating U.S. copyright laws by posting music by country singer, Ryan Adams on a web site before the music was released to the public.
  

For more Legal News Click Here: Newsletters & Legal News!!

Have you chosen a privacy officer for your company? Is your staff properly trained? Do you have a suitable privacy and security policy in place and do you have it posted on your web site? Does it match your policy? PIPEDA became effective January 1, 2004 and now applies to all organizations and businesses. With the passage of Personal Information Protection and Electronic Documents Act and the complex environment that the Internet has become, Web Site Owners Are Now Getting Sued!! What are the legal issues facing web site owners and how can the risks be minimized?

George C. Eyre, B. Math., L.L.B. M.Eng. has been well known in the I/T industry since 1988 when he was called to the bar. George C. Eyre is an ex-computer consultant who had ten years experience in the computer field with companies such as Bell Canada and I.B.M. ( New York ) before returning to law school to become a computer lawyer. George C. Eyre has extensive experience in computer science, project management and systems and hence understand your business. He can apply this experience to assist you in meeting your goals and solving and preventing problems.

George C. Eyre, Law Offices is a law firm which practice concentrates on computer, Internet, entertainment, business, intellectual property, privacy law and related matters. We register and prosecute Canadian and American Trade Marks. LAW4IT.COM provides services in the following major areas:

1. Computer & Internet Law
2. Intellectual Property
3. Entertainment, Multimedia and Advertising Law
4. Corporate, Commercial & Business Law and
5. Related Matters

Internet Law Services

LAW4IT.COM has experience in the following areas of Internet Law:

1. Web Site Development Agreement
2. Internet Access Agreement
3. Web Site Hosting Agreement
4. Privacy Law and Terms
5. Terms of Use
6. Minimize Risks

Computer Law Services

LAW4IT.COM has experience in the following areas of Computer Law:

1. Software Licensing
2. Independent Contractor Agreements
3. Computer Hardware / Software Agreements
4. Outsourcing Agreement
5. Computer Service Agreement
6. Maintenance Agreements
7. Distribution Agreement
8. other agreements & matters

If you need practical legal advice from someone who has worked in and understands your business, please contact LAW4IT