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 […]
Junior Sports Associations: Trademark and Copyright Considerations
Amateur sports teams have long used designs reminiscent of professional franchises, yet legal challenges arising from such use appear relatively rare. A 2018 article describing a youth lacrosse team’s use of a Vancouver Canucks trademark, resulting in legal intervention, prompted me to consider what made this situation different. Why can some youth organizations use similar […]
So I Wrote A Song About Copyright…
A big question we have asked ourselves in this IP class is “Who owns the copyright in an AI work?” It is a question that not only we—but courts and governments across the world have been struggling to answer. For my project I decided to write a song about copyright, and specifically, the different ways […]