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Yours, Mine, Ours: A Panel Discussion on Fair Dealing & Copyright Law in Canada

Nov. 28-CLaw Panel_Poster_FR_EN_small

The Creative Law Society & the Canadian Internet Policy and Public Interest Clinic present:

Yours, Mine, Ours: Fair Dealing & Copyright Law in Canada
Discussion Panel

DATE: Mon, Nov 28, 2011, 4:00-5:30pm
PLACE: Lamoureux Hall 407 – University of Ottawa
FREE ADMISSION

SPEAKERS:
Gerry Burtenshaw, Co-Founder and Chief Technology Officer of Legitmix, a music remix platform that allows users to create and sell remixes, mash-ups and sample-based tracks outside the conventional licensing process.
Jacques Ménard, documentary filmmaker and producer, Board Member of the Documentary Organization of Canada.
Aidan O’Neill, Partner, Fasken Martineau, specializing in IP, media and communications law.
Martha Rans, lawyer and arts advocate, Founder and Legal Director of the Artists’ Legal Outreach in British Columbia.

MODERATOR:
David Fewer, IP and technology lawyer, director of the Canadian Internet Policy and Public Interest Clinic (CIPPIC)

Is copyright important for artists? Are initiatives such as Creative Commons good for creators? What does a “YouTube exception” mean for content providers? With Bill C-11, the new copyright legislation currently before Parliament, the legal landscape for the creative sector is on the edge of major change. CLaw and CIPPIC invite you to a lively discussion and debate that reflects perspectives from across the user/creator spectrum.

RSVP Facebook or by email at admin@creativelawsociety.com

Legal Issues Roundup

We’ve been busy planning a panel discussion for the end of November, and have missed out on sharing interesting news in culture industries law. Here’s a roundup of some of those stories:

  • Streaming: Netflix announced multiple content deals, expansion into the UK, and yet its share price dropped after 800,000 subscribers left the service. Facebook and Universal have joined forces to make ‘Facebook Social Cinema’ available to users in Australia and the UK. Viacom claims copyright infringement by YouTube.
  • Music: Syl Johnson is suing Kanye West and Jay-Z for their illegal sampling of “Different Strokes”.Rihanna has settled with photographer David LaChapelle over the uncleared use of his photographs as an influence in scenes from the video for “S&M”. Four members of the British band UB40 have declared bankruptcy, and their assets, including royalties, will be seized to pay off debts.
  • Occupy Wall Street and the art world.
  • Books: A former marine is suing Washington Post reporter Steve Fainaru, claiming defamation, invasion of privacy and intentional infliction of nervous distress as a result of his portrayal in the book, “Big Boys Rule: America’s Mercenaries Fighting in Iraq.” Barnes and Noble bookstores have stopped selling DC Comics graphic novels after DC Comics made an exclusive deal with Amazon for digital sales.
  • TV: Former “Happy Days” stars claimed fraud by CBS over alleged unpaid royalties, but the Court found in favour of CBS and is only permitting the stars to move forward on a breach of contract claim.
  • Trademarks: The San Francisco Giants are in a battle over their logo, which the team never officially trademarked and is now owned by Gogo Sports Inc. The creator of building-block game “Minecraft” has won an interim injunction in a legal dispute over trademark of the name “Scrolls” for a game.

Canada Signs Anti-Counterfeiting Trade Agreement

Canada signed the international Anti-Counterfeiting Trade Agreement (ACTA) on Saturday.

Canada, Australia, Japan, Morocco, New Zealand, Singapore and South Korea joined the United States in agreeing to target the theft of intellectual property. The EU, Mexico and Switzerland remain open to participating at some point in the future, and have until May 2013 to sign ACTA.

The U.S.-led initiative requires signatories to create civil and criminal  enforcement mechanisms in dealing with intellectual property infringement. It targets pirated copyright goods, counterfeit trademark goods and goods used to commit IP theft.

The most contentious element of ACTA is the focus on digital locks. While in line with current U.S. policies, the circumvention of digital locks is not yet unlawful in Canada, and is being debated in the House as an element of proposed Bill C-11.

Licensing Deal To Bring ‘Avatar’ to Disney Theme Parks

The Walt Disney Company, Fox Filmed Entertainment and filmmaker James Cameron today announced a partnership to develop theme park attractions based on the Canadian-born director’s 2009 hit movie Avatar.

The deal grants Disney exclusive worldwide theme park rights to the Avatar franchise.  The first attraction is expected at Disney’s Animal Kingdom resort in Florida.  Construction is scheduled for some time in 2013.

In addition to securing rights, Disney has hired Cameron and his company Lightstorm Entertainment to consult on the design and development of the attractions.

Intellectual property licensing and acquisitions are playing an increasing role in the entertainment world.  In 2009, Disney purchased Marvel Entertainment for US$4-billion. In the deal, Disney gained ownership over more than 5,000 comic book characters.