Articles 2019


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

Copyright No Plaything: Celebrity Tattoos in Video Games

  • March 03, 2020
  • Tara Parker

Since copyright laws generally grant the owners of artistic works the sole right to control the use and reproduction of their works in all media (subject to some limited exceptions), any unauthorized use or reproduction of a celebrity’s tattoo in an e-sports game (e.g., NBA 2K20), movie (e.g., The Hangover), or other media may result in a copyright infringement claim — not to mention a trademark, publicity or personality rights claim, depending on the circumstances.

Entertainment, Media and Communications Law, Student Forum

Federal Court Issues Landmark Website-blocking Injunction With Significant Implications for ISPs

  • December 02, 2019
  • Vincent de Grandpré, Christopher Naudie and Sydney Young, Osler, Hoskin & Harcourt LLP

In the first order of its kind in Canada, the Federal Court has issued an injunction directing named internet service providers (ISPs) to prevent users from accessing certain websites operated by anonymous defendants that are alleged to infringe Canadian copyrights over a wide range of audiovisual works and broadcasts.

Entertainment, Media and Communications Law, Student Forum

Streaming Wars: The Legal Impact of a Rapidly Changing Television Industry

  • November 21, 2019
  • Layth Gafoor, Managing Partner, Lucentem Sports & Entertainment Law

Sports and entertainment lawyer Layth Gafoor discusses the proliferation of content-streaming services giving Netflix a potential run for its money, plus how this new digital landscape is radically changing the dealmaking process with execs and lawyers scrambling to adapt.

Entertainment, Media and Communications Law, Student Forum

“Help Me Help You” - The Non-Linear Path to Entertainment Law

  • November 21, 2019
  • Pooja Sihra

In case you missed it, the Ontario Bar Association’s Entertainment, Media and Communications Law Section recently hosted a mentoring event called “Help Me Help You” for new and aspiring lawyers. Pooja Sihra offers three key takeaways.

Entertainment, Media and Communications Law, Student Forum

Errors and Omissions Insurance for Film and Media Productions: Review of CPD Session

  • May 21, 2019
  • Lisa Macklem

Review of CPD session “Errors and Omissions Insurance for Film and Media Productions” featuring speaker Brian Wynn (partner, Gardiner Roberts LLP) and co-hosted by Katarina Germani (legal counsel, CBC/Radio-Canada) and Ryan Keller (associate, Stohn Hay Cafazzo Dembroski Richmond LLP).

Entertainment, Media and Communications Law, Student Forum

Google Inc.’s Fight Against a Worldwide Injunction on Search Results Continues

  • April 20, 2018
  • Sabrina Salituro and Paul Lomic are lawyers at Lomic Law

The Supreme Court of Canada’s landmark decision in Google Inc v Equustek Solutions Inc upheld an interlocutory injunction against Google, a non-party, to globally de-index the websites of the defendant that is infringing the plaintiff's intellectual property. Although Google obtained a judgment from a US court declaring that the decision was not enforceable in the US, it was unsuccessful in having the original injunction overturned in Canada on the basis of the US judgment.

Entertainment, Media and Communications Law, Student Forum, Information Technology and Intellectual Property Law