Articles 2019

Today
Today

Google, Facebook: Your day of reckoning is coming

  • December 14, 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.

Entertainment, Media and Communications Law, Student Forum

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

  • December 14, 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.

Entertainment, Media and Communications Law, Student Forum

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

  • December 14, 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?

Entertainment, Media and Communications Law, Student Forum

The Fair Use Doctrine in the Age of the Digital Creator

  • March 29, 2021
  • Simon Kuan

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.

Entertainment, Media and Communications Law, Student Forum

Room Full of Spoons: The Contributions of Wiseau Studio v Harper to Canadian Entertainment Law

  • May 13, 2020
  • Bob Tarantino

Canadian entertainment lawyers are generally under-fed when it comes to court decisions. So, in April 2020, when the Ontario Superior Court of Justice released its decision in Wiseau Studio, LLC et al. v. Harper et al., 2020 ONSC 2504 – the first detailed consideration of how to apply copyright’s fair dealing mechanism to documentary films – it offered a satisfying meal indeed. Even better, it involves “the greatest bad movie ever made” – The Room.

Entertainment, Media and Communications Law, Student Forum

Covid-19: The legal fall-out

  • May 07, 2020
  • Divya Shahani

With production across North America grinding to a halt, what are the key legal issues emerging from the coronavirus pandemic?

Entertainment, Media and Communications Law, Student Forum

The Ball Is in Your Court: Do Something With It

  • March 16, 2020
  • Sabrina Bruno, lawyer at McCarthy Tétrault LLP

In 2018, the esports industry had a global fan base of 380 million people. In Canada specifically, 4.4 million Canadians followed esports last year, and more than 23 million Canadians classified themselves as “gamers” (that’s over 60 per cent of the population!). The industry is massive and not slowing down any time soon. Our clients are itching to get involved in esports, but simply didn’t know how, so we decided to change that.

Entertainment, Media and Communications Law, Student Forum