New Media/Copyright Practice Profile

E-commerce and new media continue to drive the new economy, having permenantly altered the way we do business. New media matters can be complex, and often raise issues in a number of different but overlapping areas of practice, most particularly in copyright law. Clients of the new media group are as diverse as the businesses impacted by developments in e-commerce. The firm works with companies from the high tech, software and multimedia industries, and those in more traditional business sectors such as banking, publishing, food services, entertainment and retail. Clients range from start-up companies to large, well-established multinationals moving into e-commerce.

Bereskin & Parr’s new media group brings together a number of the firm’s professionals with expertise in a wide range of highly specialized intellectual property fields and disciplines. The firm’s new media lawyers and agents have backgrounds in technology and computer sciences, and have experience working in technology, entertainment, information and new media industries. Accordingly, they understand how business works in the new economy, as well as understanding the laws that apply to it. Through their active participation in international associations and committees, the firm’s new media lawyers are always up-to-date on legislative and judicial developments around the world affecting how companies do business electronically, in both domestic and international markets.

Our Services

Bereskin & Parr provides comprehensive advice on issues arising in cyberspace and other digital media. The following is a list of services that members of the new media group provide:

	Clearing and registering domain names and trade marks
	Drafting copyright and Internet-related contracts (such as website design/hosting agreements and electronic publishing agreements)
	Registering and enforcing copyrights in Canada and the United States
	Advising on the protection of goodwill, data, Internet content, confidential information and trade secrets
	Advising on unfair business practices on the Internet
	Developing in-house policies for employees’ use of copyrighted works, e-mail and the Internet
	Conducting due diligence and title opinions for new media products and services
	Clearing copyrights in materials to be used on websites or other multimedia products
	Advising on the licensing of technology and digital content, and preparing related agreements
	Advising on website advertising
	Advising on emerging privacy law in Canada
	Advising on issues relating to selling over the Internet (such as those involving merchandising licences and jurisdiction)
	Opinions on infringements of new media products and services
	Litigation of disputes related to new media products and services

Bereskin & Parr’s litigation team acts for clients in litigation proceedings involving new media rights, including those relating to:

	Unauthorized use of trade marks, data, and copyrighted materials in cyberspace
	Domain name disputes
	Unfair competition in cyberspace (including potential new actions arising from the use of digital technology, such as linking, framing, metatagging and cyberstuffing)