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About Articles The below articles are published by the Entertainment, Media and Communications Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Alessia Monastero

Today
Today

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

  • June 10, 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?

Entertainment, Media and Communications Law, Student Forum

Made-in-Canada Incentives to Convert Innovation to IP Rights

  • June 10, 2022
  • Noel Courage, partner, Bereskin & Parr LLP,

In acknowledgement of International IP Day on April 26, this article will address some examples of focused government initiatives that are being taken in Canada to help financially support IP protection. This is not a comprehensive survey, just highlighting some bright spots that lawyers should be aware of for their clients.

Entertainment, Media and Communications Law, Student Forum

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

  • March 25, 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.

Entertainment, Media and Communications Law, Student Forum

No Liability for Infringing Comparative Advertising

  • March 18, 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.

Entertainment, Media and Communications Law, Student Forum

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