Articles 2020

Aujourdʼhui
Aujourdʼhui

"Emerging and Key Legal Issues in Sports" CPD Recap

  • 20 mars 2024
  • Samantha F. Glass

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.

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Negotiating Name, Image and Likeness in Sports

  • 20 mars 2024
  • Kayley C. Leon

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.

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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.

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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.

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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?

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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.

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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.

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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.

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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.

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