Articles

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?

A review of the "Speaking the Language of Television and Film Financing" program.

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.

A review of the program "Game on: Esports and Video Game Law Primer".

A review on the program "5G and Beyond: The Latest in Telecommunications Law".

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.

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

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.

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.

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.