Articles 2019

Aujourdʼhui
Aujourdʼhui

How to Grab the Attention of Creative Clients Who Aren’t Interested in the Law

  • 11 décembre 2023
  • Jordan Narod

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.

Droit du divertissement, de l'information et des télécommunications, Student Forum

New California Bill Tackles Environmental Impact of Fast Fashion

  • 11 décembre 2023
  • Shayna Jan

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.

Droit du divertissement, de l'information et des télécommunications, Student Forum

Canadian Copyright Law: Does Digitally Restoring Public Domain Films Revive Copyright?

  • 10 juin 2022
  • Erin Moskal

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?

Droit du divertissement, de l'information et des télécommunications, Student Forum

Bill C-11’s Foundational Faults, Part Two: The Regulate-It-All Approach of Treating All Audio-Visual Content as a “Program”

  • 25 mars 2022
  • Michael Geist

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.

Droit du divertissement, de l'information et des télécommunications, Student Forum

No Liability for Infringing Comparative Advertising

  • 18 mars 2022
  • May M. Cheng

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.

Droit du divertissement, de l'information et des télécommunications, Student Forum

Google, Facebook: Your day of reckoning is coming

  • 14 décembre 2021
  • Howard Winkler

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.

Droit du divertissement, de l'information et des télécommunications, Student Forum

Branding in the Metaverse – how brand owners can find growth in the virtual realm

  • 14 décembre 2021
  • Akiv Jhirad and Mark Biernacki, Smart & Biggar

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.

Droit du divertissement, de l'information et des télécommunications, Student Forum

NFTs: Art Meets Crypto – Traditional Copyright Issues in a Tokenized World

  • 14 décembre 2021
  • Daniel Anthony and Akiv Jhirad, Smart & Biggar

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?

Droit du divertissement, de l'information et des télécommunications, Student Forum