Copyright & Digital Media

Our longstanding experience in copyright matters provides you with a depth of expertise in both the digital and analogue world.  We also have extensive experience with legal issues particular to digital media that extend beyond our core copyright services. 

Our copyright services include:

  • Copyright acquisition and registration
  • Copyright clearance
  • Copyright enforcement
  • Conducting due diligence, audits and providing title opinions Negotiating and drafting copyright licenses and assignments
  • Providing copyright opinions, including in relation to subsistence of copyright, infringement, and user rights such as fair dealing

Matters involving digital and social media can be complex and often raise issues in a number of different yet overlapping IP related areas –including trademarks, copyright, marketing and advertising, and privacy.

As a whole, the Copyright & Digital Media practice group is experienced in providing legal advice related to the Internet, social media, and other digital and interactive platforms such as smartphone applications. We understand the power of branding, the value of digital communication tools and the challenges of controlling your online presence. The team effectively manages digital brand portfolios and are familiar with the nuances clearing, acquiring and enforcing IP rights online, while setting effective digital policies and terms and conditions that customers understand.

Our legal advice is pragmatically tempered and reflects our extensive experience working in technology, entertainment, education, information and digital media industries. Through their active participation in international associations and committees, our digital media lawyers are always up-to-date on legislative and judicial developments around the world affecting how companies do business digitally, in both domestic and international markets.

Our digital media services include:

  • All aspects of IP protection and exploitation in digital media, including protection of goodwill, data, confidential information, trade secrets
  • All aspects of trademark and domain name acquisition, registration, enforcement and surveillance
  • Drafting contracts, licenses, and policies for digital media
  • Advising clients on placement, timing and positioning of legal notices and disclosures in the digital environment, and in particular to deal with the “small screen” challenge
  • Privacy advice, including in relation to collection of personal information in various online environments (including consumer tracking and behavioural advertising), and website structure (mandatory versus voluntary information collection, consent requirements, when notices should appear, etc.) and developing privacy policies accordingly
  • Advising on issues related to selling over the Internet (such as those involving merchandising licences and jurisdiction), and reviewing websites for compliance with provincial e-commerce laws
  • Enforcing IP on social media sites, including through take-down and other complaint mechanisms (for example, those provided by Facebook, Twitter, Google, and other platforms).  This includes enforcement against social media user names and handles, use of trademarks by third parties in social media
  • Managing online public relations issues, including containment strategies, and advising clients in relation to online content produced by clients’ fans, critics and rogue employees
  • Managing global anti-counterfeiting and anti-piracy enforcement on the Internet, including by establishing watch notices and engaging take-down service providers where cost effective
  • Overcoming challenges presented by privacy shields in online environments, including investigations of domain name registrants, social media users and online store operators to ascertain their identities
  • Advising on potential unfair business practices in digital environments, including keyword advertising and paid search, and use of trademarks in other more “hidden” online contexts, such as in metatags and website descriptions
  • Advising on the legality of daily deal sites offering discounts, including on regulated productsConducting due diligence and title opinions for digital media products and services, including clearing use of third party copyright content in digital media and services
  • Advising on users rights specific to digital media and the Internet, such as the “You Tube” exception (non-commercial user-generated content), and exemptions for personal use of copyright works
  • Advising on using or responding to takedown notices under the U.S. Digital Millennium Copyright Act and the Canadian copyright notice-and-notice regime
  • Drafting copyright licenses for digital uses
  • Drafting in-house policies for employees’ use of copyrighted works, email, and the Internet
  • Advising on copyright infringement claims including claims arising from tampering with technological protection measures and rights management information

All Practice Group members

Elizabeth, Afolabi Liz Afolabi
B.A. (Hons.), J.D., LL.B.
Associate
519.783.3217
Waterloo Region
Daniel R., Bereskin, Q.C. Dan Bereskin, Q.C.
B.Sc. (Eng. Phys.), LL.B.
Partner
416.957.1673
Toronto
Jonathan, Burkinshaw Jonathan Burkinshaw
B.A., M.A., J.D.
Partner
416.957.1623
Toronto
Donald M., Cameron Don Cameron
B.A.Sc. (Eng. Sci.), M.A.Sc. (Aerospace), LL.B.
Partner
416.957.1171
Toronto
Brigitte, Chan Brigitte Chan
LL.L., LL.B.
Partner
514.871.2920
Montréal
Wynnie, Chan Wynnie M. Chan
B.Comm., J.D.
Associate
416.957.1662
Toronto
Jonathan, Colombo Jonathan Colombo
B.A., M.A., LL.B.
Partner
416.957.1613
Toronto
Sharyn, Costin Sharyn Costin
B.A., M.A. (English), J.D.
Partner
416.957.1626
Toronto
Meghan, Dillon Meghan Dillon
B.Sc. (Psych.), LL.B.
Partner
416.957.1160
Toronto
Jill, Jarvis-Tonus Jill Jarvis-Tonus
B.F.A., LL.B.
Counsel
416.957.1618
Toronto
François, Larose François Larose
B.A.A., LL.L., LL.M.
Partner
514.871.2109
Montréal
Catherine, Lovrics Catherine Lovrics
B.A., LL.B.
Partner
416.957.1163
Toronto
R. Scott, MacKendrick Scott MacKendrick
B.A.Sc. (Chem. Eng.), LL.B.
Partner
416.957.1675
Toronto
Jennifer, McKenzie Jennifer McKenzie
B.A. (Hons.), LL.B.
Partner
416.957.1628
Toronto
Mark, Robbins Mark L. Robbins
B.A., LL.B.
Partner
416.957.1605
Toronto
Cynthia, Rowden Cynthia Rowden
B.A., LL.B.
Partner
416.957.1617
Toronto
C. Lloyd, Sarginson Lloyd Sarginson
B.Sc. (Chem. Eng.), LL.B.
Retired Partner
416.957.1693
Toronto
Timothy, Sinnott Tim Sinnott
B.S. (Physics), M.Sc. (Physics), LL.B.
Partner
519.783.3212
Waterloo Region
Tamara Céline, Winegust Tamara Céline Winegust
B.F.A., J.D.
Associate
416.957.1651
Toronto
Bereskin & Parr LLP
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Jill Tonus

PRACTICE GROUP LEADER
Jill Jarvis-Tonus
416.957.1618

 

All Practice Group Members

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Copyright & Digital Media

Copyright & Digital Media

Our longstanding experience in copyright matters provides you with a depth of expertise in both the digital and analogue world.  We also have extensive experience with legal issues particular to digital media that extend beyond our core copyright services. 

Our copyright services include:

  • Copyright acquisition and registration
  • Copyright clearance
  • Copyright enforcement
  • Conducting due diligence, audits and providing title opinions Negotiating and drafting copyright licenses and assignments
  • Providing copyright opinions, including in relation to subsistence of copyright, infringement, and user rights such as fair dealing

Matters involving digital and social media can be complex and often raise issues in a number of different yet overlapping IP related areas –including trademarks, copyright, marketing and advertising, and privacy.

As a whole, the Copyright & Digital Media practice group is experienced in providing legal advice related to the Internet, social media, and other digital and interactive platforms such as smartphone applications. We understand the power of branding, the value of digital communication tools and the challenges of controlling your online presence. The team effectively manages digital brand portfolios and are familiar with the nuances clearing, acquiring and enforcing IP rights online, while setting effective digital policies and terms and conditions that customers understand.

Our legal advice is pragmatically tempered and reflects our extensive experience working in technology, entertainment, education, information and digital media industries. Through their active participation in international associations and committees, our digital media lawyers are always up-to-date on legislative and judicial developments around the world affecting how companies do business digitally, in both domestic and international markets.

Our digital media services include:

  • All aspects of IP protection and exploitation in digital media, including protection of goodwill, data, confidential information, trade secrets
  • All aspects of trademark and domain name acquisition, registration, enforcement and surveillance
  • Drafting contracts, licenses, and policies for digital media
  • Advising clients on placement, timing and positioning of legal notices and disclosures in the digital environment, and in particular to deal with the “small screen” challenge
  • Privacy advice, including in relation to collection of personal information in various online environments (including consumer tracking and behavioural advertising), and website structure (mandatory versus voluntary information collection, consent requirements, when notices should appear, etc.) and developing privacy policies accordingly
  • Advising on issues related to selling over the Internet (such as those involving merchandising licences and jurisdiction), and reviewing websites for compliance with provincial e-commerce laws
  • Enforcing IP on social media sites, including through take-down and other complaint mechanisms (for example, those provided by Facebook, Twitter, Google, and other platforms).  This includes enforcement against social media user names and handles, use of trademarks by third parties in social media
  • Managing online public relations issues, including containment strategies, and advising clients in relation to online content produced by clients’ fans, critics and rogue employees
  • Managing global anti-counterfeiting and anti-piracy enforcement on the Internet, including by establishing watch notices and engaging take-down service providers where cost effective
  • Overcoming challenges presented by privacy shields in online environments, including investigations of domain name registrants, social media users and online store operators to ascertain their identities
  • Advising on potential unfair business practices in digital environments, including keyword advertising and paid search, and use of trademarks in other more “hidden” online contexts, such as in metatags and website descriptions
  • Advising on the legality of daily deal sites offering discounts, including on regulated productsConducting due diligence and title opinions for digital media products and services, including clearing use of third party copyright content in digital media and services
  • Advising on users rights specific to digital media and the Internet, such as the “You Tube” exception (non-commercial user-generated content), and exemptions for personal use of copyright works
  • Advising on using or responding to takedown notices under the U.S. Digital Millennium Copyright Act and the Canadian copyright notice-and-notice regime
  • Drafting copyright licenses for digital uses
  • Drafting in-house policies for employees’ use of copyrighted works, email, and the Internet
  • Advising on copyright infringement claims including claims arising from tampering with technological protection measures and rights management information

Recent Articles

2016 Copyright Year in Review

Authors: Jill Jarvis-Tonus and Catherine Lovrics and Tamara Céline Winegust and Andrew Ngo

Canadian Copyright Laws Have Been Amended to Make Works More Accessible to People with Print Disabilities

Authors: Catherine Lovrics and Nathan Haldane

Set Top TV Boxes in the Eye of the Storm Over Copyright Claims

Authors: Catherine Lovrics and Callum  Lootsma

Copyright Law Developments of 2015

 

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