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  • Article

    The Conundrum At The Heart Of Public Domain Day

    Copyright aficionados and creative types alike celebrate January 1st every year as the day that copyright expires in a slew of culturally relevant works—including, this year, the Great Gatsby.
    CanadaIntellectual Property
    Clark Wilson LLP
    Clark Wilson LLP
  • Article

    The Making Of Music IV: The Intrinsic Value Of Music Masters

    In part three of the series, we began to discuss the evidence that the physical masters are a significant asset to the owner by looking at the concept of remastering to keep up...
    CanadaIntellectual Property
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Blurred Lines

    A recent U.S. decision relating to the song Blurred Lines has attracted significant publicity but raises some concerns.
    CanadaIntellectual Property
    Goldman Sloan Nash & Haber LLP
    Goldman Sloan Nash & Haber LLP
  • Article

    The Making Of Music II: Copyright And The Value Of Master Recordings

    In the first article of this series, we mentioned that the copyright in a master recording is not a single copyright. There are different forms of copyright that exist and are often held...
    CanadaIntellectual Property
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    The Making Of Music III: Is There Value In Owning The Physical Masters?

    In the first article of this series, we outlined Revenu Québec's argument that the master tapes (without the associated copyright) held no value. In contrast, Unidisc argued that the physical medium held all the value.
    CanadaIntellectual Property
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Video

    The YouTube-ification Of Canadian Copyright Law (Video)

    Although it is battling for eyeballs with newer services like TikTok, YouTube is still a dominant player in the online video space.
    CanadaIntellectual Property
    Procido LLP
    Procido LLP
  • Article

    Fletcher v. Doig: An Unlikely Case Of Coincidence, Correlation Or Consent

    Who has the onus of establishing whether or not a license has been granted? If the license is oral, how is the "applicable law" established and under which jurisdiction?
    CanadaMedia, Telecoms, IT, Entertainment
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Record Deals And Contract Tips: Part 2

    In my article Record Deals and Contract Tips: Part 1, I provided some thoughts on record deals in 2022 more generally.
    CanadaMedia, Telecoms, IT, Entertainment
    Cox & Palmer
    Cox & Palmer
  • Article

    Six Pieces Of Art On The Walls At Babin Bessner Spry

    I'll admit that I kind of love generic corporate art – massive abstract paintings in hotel lobbies, huge and vaguely unsettling sculpture pieces outside bank towers. But here at the Babin Bessner...
    CanadaMedia, Telecoms, IT, Entertainment
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Re: Sound Flexes Its Musical Muscles

    Re:Sound Tariff No. 6.B sets the royalties to be paid for the communication to the public of published sound recordings in any venue for the purposes of fitness.
    CanadaIntellectual Property
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Traffic Calming: Art Or Liability?

    A Toronto man recently decided to turn his front yard into a work of art. Are we talking Renaissance art? Modern art? Maybe more of a Picasso taste? Not quite.
    CanadaMedia, Telecoms, IT, Entertainment
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    Can AI Be An Inventor? Redux

    Advanced artificial intelligence (AI) systems, such as ChatGPT and DABUS, have sparked debates about their potential role in patenting new inventions.
    CanadaTechnology
    PCK Intellectual Property
    PCK Intellectual Property
  • Article

    Moral Rights In Canada

    The United States Court of Appeals for the Ninth Circuit recently affirmed a district court's decision in favor of rapper Jay-Z ...
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    AI In Music: The Drake/Tupac Case And Beyond

    In a matter of days, Drake's latest release went from making headlines around the world to being taken down amidst threats of legal action from the estate of arguably one of the most revered...
    CanadaIntellectual Property
    Miller Thomson
    Miller Thomson
  • Article

    Supreme Court Of Canada Hits Pause Button On Double Royalties Payable By Online Music Service Users

    Online music service ("OMS") providers scored a win on July 15, 2022, with the Supreme Court of Canada ("SCC") decision in Society of Composers, Authors and Music Publishers of Canada ("SOCAN")...
    CanadaIntellectual Property
    McMillan LLP
    McMillan LLP
  • Article

    Tax And AC/DC

    Those of you who know me well will know that my first career choice was to be a music teacher. I studied and played music classically well into my teens.
    CanadaTax
    Moodys Private Client Law LLP
    Moodys Private Client Law LLP
  • Article

    Public Art Installations: Is Fearless Girl's Girl Power Trampling Moral Rights In Charging Bull? We Say No.

    You have likely seen the headlines celebrating (some admonishing) Fearless Girl, the strategically placed statue of a determined girl, standing with her hands on her hips in front of the famed Charging Bull statue on New York's Wall Street.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Some Fine Art Cannot Be Exported From Canada

    When you purchase fine art in Canada, you must apply for an export permit before you will be permitted to export the artwork.
    CanadaInternational Law
    LexSage
    LexSage
  • Article

    The Importance Of Signing A Band Agreement

    In the music industry, a band with any sort of longevity has likely experienced business disputes among bandmates. They could be relating to royalties or profit splits, use of the band name, ...
    CanadaMedia, Telecoms, IT, Entertainment
    Cox & Palmer
    Cox & Palmer
  • Article

    Amping Up Trade Wars: Tariffing Intangible Film, Television, And Streaming Content

    On Sunday May 4, 2025, President Trump posted on social media that foreign film production represents a US national security threat necessitating a 100% tariff on films made outside of the United States.
    CanadaMedia, Telecoms, IT, Entertainment
    Cassels
    Cassels

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