Their (the Toronto International Film Festival) legal argument seems to be that the terrorists are the copyright owners of their snuff films, and their intellectual property rights are protected under Canadian law via multiple copyright treaties.
Putting aside obvious defences to a claim of copyright infringement, such as fair dealing, there is serious doubt as to whether Gazans have standing under Canada’s Copyright Act.
In 2014, the United Nations announced the State of Palestine, which doesn’t currently exist, had become signatory to multiple human rights treaties. Nothing prevented it from also becoming signatory to an international copyright agreement like, for example, the Berne Convention. Foreign authors acquire rights under Canadian copyright laws solely via copyright treaties, absent which, they have no rights to assert in a Canadian court.
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Perhaps Hamas (& Friends) might argue though that the footage in dispute from October 7th 2023 was “filmed” not in Gaza but in Israel though?
Putting aside obvious defences to a claim of copyright infringement, such as fair dealing, there is serious doubt as to whether Gazans have standing under Canada’s Copyright Act.
In 2014, the United Nations announced the State of Palestine, which doesn’t currently exist, had become signatory to multiple human rights treaties. Nothing prevented it from also becoming signatory to an international copyright agreement like, for example, the Berne Convention. Foreign authors acquire rights under Canadian copyright laws solely via copyright treaties, absent which, they have no rights to assert in a Canadian court.
Ian Cooper: I'm an entertainment lawyer. TIFF's defence of Hamas copyright is bunk — National Post
Copyright treaties do not include Gaza