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"Emerging and Key Legal Issues in Sports" CPD Recap
Samantha F. Glass | March 20, 2024
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.
Learn moreNegotiating Name, Image and Likeness in Sports
Kayley C. Leon | March 20, 2024
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.
Learn moreHow to Grab the Attention of Creative Clients Who Aren’t Interested in the Law
Jordan Narod | December 11, 2023
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.
Learn moreNew California Bill Tackles Environmental Impact of Fast Fashion
Shayna Jan | December 11, 2023
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.
Learn moreCanadian Copyright Law: Does Digitally Restoring Public Domain Films Revive Copyright?
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?
Learn moreMade-in-Canada Incentives to Convert Innovation to IP Rights
Noel Courage, partner, Bereskin & Parr LLP | June 10, 2022
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.
Learn moreMichael Geist | March 25, 2022
In the fourth of a five-part series of posts on foundational faults in Bill C-11, Michael Geist argues that its regulated discoverability requirements are likely to harm Canadian creators, resulting in lost audiences and potentially millions in lost revenues.
Learn moreMichael Geist | March 25, 2022
My first post on Bill C-11 focused on the virtually limitless reach of the CRTC’s jurisdictional power over audio-visual services. The expansive approach in Bill C-11 isn’t limited to its jurisdictional reach, however. Not only does the law have few limits with respect to which services are regulated, it is similarly over-broad with respect to what is regulated, featuring definitions that loop all AV content into the law by treating all AV content as a “program” subject to potential regulation.
Learn moreNo Liability for Infringing Comparative Advertising
The Quebec Court of Appeal decision in Constellation Brands US Operations Inc. v. Société de vin internationale ltée 2021 QCCA 1664 has received a lot of attention for its discussion of when comparative advertising constitutes infringement and whether comparative advertising can depreciate goodwill. However, the case is noteworthy for its consideration of the court’s discretion to refuse to grant an accounting of profits after having found infringement, and this merits more discussion.
Learn moreBranding in the Metaverse – how brand owners can find growth in the virtual realm
Akiv Jhirad and Mark Biernacki, Smart & Biggar | December 14, 2021
Facebook’s recent re-branding to Meta has significantly increased interest in the “metaverse”. Although the concept of the metaverse is still evolving, it is generally understood to be a persistent virtual environment where users can interact with each other, and increasingly with brands. This new environment will pose both challenges and opportunities for brand owners seeking to extend their engagement with consumers to the virtual world.
Learn moreGoogle, Facebook: Your day of reckoning is coming
Howard Winkler | December 14, 2021
Much has been done to protect public interest speech, like in Canada the judicial adoption of the new defence of responsible communication and the introduction of anti-SLAPP legislation. However, little has been done to address the harm caused by the malicious and defamatory use of platforms like Google, Facebook and Twitter.
Learn moreNFTs: Art Meets Crypto – Traditional Copyright Issues in a Tokenized World
Daniel Anthony and Akiv Jhirad, Smart & Biggar | December 14, 2021
Non-Fungible Tokens (NFTs) are the latest development in disruptive blockchain technology innovations, this time in the world of digital art, collectibles, and even luxury goods. Traditional auction houses have already started leveraging the technology, and luxury brands, like LVMH, are collaborating to develop the world’s first global luxury blockchain which utilizes NFTs. But what exactly are NFTs, and why are they currently drawing so much attention?
Learn moreThe Fair Use Doctrine in the Age of the Digital Creator
Since its inception, copyright law has strived to balance ownership with innovation. The fair use doctrine assists the balance by allowing the use of copyrighted material in certain situations. However, innovations in media have created a new generation of creatives who utilize copyrighted material more frequently in their work and the copyright regime has responded with hostility. This article recommends that in order to remedy these issues, a broader application of fair use is necessary.
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