Articles 2021

A closer look at deepfake technologies in the legal landscape of Canada and the blurred lines between reality and fiction.

I attended the "Emerging and Key Legal Issues in Sports" CPD hosted by the Entertainment, Media, and Communications Law Section on February 13, 2024. There was a multitude of topics discussed by a skilled panel of speakers. The first part of the event was a peek into the journeys of those on the panel into the area of sports law and how they were able to build it into their practice.

While Name, Image and Likeness rights are not new forms of athlete compensation, these rights have gained a newfound appreciation due to recent college-level rule changes in the United States. The following provides a high-level overview of NIL rights and recent developments in the area.

While working with clients in the creative industry who actually take part in the creative process, such as artists, writers and musicians, there is often a slight aversion to engaging with the law or directing legal decisions. Here are five points to perk up the ears of your creative client.

In recent years, the rise of social media and the prevalence of influencer marketing has created an oversaturation of tastemakers and microtrends. Many fast fashion brands capitalize on these trends and mass-produce products at a rapid pace. Once these items go out of style and there is no longer any demand, the clothing is then discarded.

Facial recognition technology has become increasingly popular among businesses for various applications, including security, marketing, and customer service. However, with the widespread adoption of this technology, there are growing concerns over its potential impact on privacy, human rights, and data protection.

Personality rights of deceased celebrities have been the subject of debate for many years due to the continued popularity of these individuals beyond their death. Recently, two events have sparked renewed discussions on the matter. These events raise ethical and legal issues related to publicity, privacy, and intellectual property. This article will explore these issues through the lens of prior case law.

Hollywood-esque special effects that allow anyone to become any person with the click of a few buttons: this is the reality of deepfakes. Deepfakes are a form of technology that uses artificial intelligence (“AI”) to allow a person to impersonate someone else’s appearance and voice. A person only needs a phone or a computer, and an image or video of the desired target.

This article explores how, if at all, digitizing and/or restoring a film is treated under copyright law in Canada. More specifically, if the film in the public domain and copyright has expired, is the digital restoration of the film result in a copyright in the digitally restored version?

In acknowledgement of International IP Day on April 26, this article will address some examples of focused government initiatives that are being taken in Canada to help financially support IP protection. This is not a comprehensive survey, just highlighting some bright spots that lawyers should be aware of for their clients.