Copyright & Social Media
Communications Law
NFTs and Copyright: Is Blockchain Possession Creative Ownership?
Over the last decade, we have seen a revolution on the internet. Particularly, now more than ever, people have begun to embrace digital assets, from Bitcoin and cryptocurrency tokens to NFTs (non-fungible tokens). According to Zimmerman and Giddens, an NFT can be understood as a digital certificate associated with specific rights in an asset. They […]
Nintendo of America v King: The Crystallization of Digital Copyright Enforcement in Canada
Term Paper by Shaan Lail Generated image using Gemini During this term, we learned about technological protection measures [TPMs] and how those who manufacture, import, distribute, offer for sale/rental, or provide any technology, device or component may be liable if the primary purpose is circumvention of a TPM. Nintendo of America v King, 2017 FC […]
When an Instrument Becomes a Work of Art: The Swiss “Hang” Case Through a Canadian IP Lens
1. Copyright, Design, and the Shape of Sound In intellectual property (IP) law, the boundaries between different forms of protection are not always clear-cut. Copyright traditionally safeguards creative expression, whereas industrial design regimes focus on the visual appearance of manufactured products. When an object serves a practical function while also embodying distinctive aesthetic qualities, it […]
I Run, the Next Hit Song! Or Is It?
A Case Study of AI and the Music Industry What is the trending “I Run” Controversy? Last month, the music side of TikTok went absolutely crazy over a new song called “I Run.” An anonymous producer “Haven” dropped what sounded like a new, unreleased Jorja Smith single. It went viral immediately, hitting almost 3 million […]
It’s Alive!! But is it Patentable? Assessing Whether Dr. Frankenstein Could Patent his Monster
Before attending our final Intellectual Property class together last week, I went to my local theatre to see the new film adaptation of Mary Shelley’s classic novel “Frankenstein.” The film, aptly also titled “Frankenstein,” directed by Guillermo del Toro, was an incredible reminder of my love for this infamous story of a scientist (Dr. Frankenstein) […]
In space, no one can hear you leak trade secrets.
In our classes we’ve learned that the patent bargain forms the foundational concept for the protection of inventions. A patent is described as a “bargain” because the patent does not unilaterally favour the inventor, instead it is a mutually beneficial arrangement between the inventor and the public. Under this bargain, the inventor receives a 20-year […]
The Devil Advocates for Prada – Designing Law for Fashion
The fashion world is no stranger to imitation, be it the artful homage to another designer or the much-derided “dupe” of a cut-rate pirate; famously avant-garde American designer Rick Owens told the Wall Street Journal in 2024 that “It’s always a delight,” to see his designs out in the world, “but it’s almost more of a […]
Copyright and Generative AI in Canada: the ISED Report
To many, the technological advancements leading to the widespread accessibility of generative AI (“genAI”) have been a source of excitement: simple inputs are now capable of solving complex and personalized problems, and information is as convenient to access as it has ever been. However, the implications of these advancements extend beyond what the average Canadian […]
Rolling the Dice on IP: The 2023 D&D Crisis and Canadian Copyright Law
In early 2023, Wizards of the Coast (WotC), owner of Dungeons & Dragons (D&D), attempted a highly controversial revision of their foundational Open Game License (OGL). This move sparked a major intellectual property controversy, threatening two decades of independent publishing built on the original OGL 1.0a. The leaked draft triggered a backlash, highlighting critical questions […]