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


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

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