Articles 2021

Aujourdʼhui
Aujourdʼhui

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

The Fair Use Doctrine in the Age of the Digital Creator

  • 29 mars 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.

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

Covid-19: The legal fall-out

  • 07 mai 2020
  • Divya Shahani

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

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

The Ball Is in Your Court: Do Something With It

  • 16 mars 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.

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

Copyright No Plaything: Celebrity Tattoos in Video Games

  • 03 mars 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.

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

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

  • 02 décembre 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.

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

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

  • 21 novembre 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 of its money, plus how this new digital landscape is radically changing the dealmaking process with execs and lawyers scrambling to adapt.

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