Nikita Munjal is an IP Innovation Clinic Fellow and a third-year JD/MBA Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s Directed Reading: IP Innovation Program course.

Artists in the digital space have always been vulnerable to the unauthorized distribution, copying, and sale of their work. Still, the for creating non-fungible tokens (NFT) has accelerated the . Listing someone else’s artwork on an NFT marketplace is as simple as saving a copy of the work from an artist’s website or social media platform and uploading it onto a marketplace where it is minted into an NFT. The rampant theft has forced some artists to , limiting the ability of artists to profit from the commercialization of their IP.

What Can Artists Do When Someone Else Mints their Work into an NFT?

Copyright law provides recourse to authors who feel their work has been minted into an NFT without permission, but as copyright attorney cautions, “IP considerations get very complex very quickly.” The author of a copyright-protected work can bring a claim for copyright infringement, but this is contingent on knowing the infringer’s identity. Many NFT marketplaces do not require the person listing the piece to provide proof of ownership or personal information. Alternatively, authors can inform marketplaces of copyright infringement and request the removal of infringing content. Some marketplaces, like OpenSea, provide artists with a when they suspect someone is infringing their IP. However, this mechanism places the burden on artists to monitor marketplaces for infringement and is given the number of requests OpenSea receives to take down listings.

What Can Be Done?

Various stakeholders that can implement changes to reduce the likelihood of thieves profiting from the commercialization of others’ IP. First, marketplaces should partner with companies like DeviantArt, which have created to scan public blockchains and third-party marketplaces and inform users of any potential infringement. This recommendation would still require artists to verify the results and report an infringement to marketplaces. However, artists would be aware of the infringement and could use their platforms to inform consumers of the scam. Second, marketplaces need to overhaul their process for verifying listings. For example, , it updated its requirements for listers to “provide their names, a photo of themselves, proof of them creating the work, and a digital portfolio.” Third, consumers should do their due diligence by reaching out to artists to verify the authenticity of the NFT before purchasing. Alternatively, consumers should purchase from auction houses like Christie’s or Sotheby’s to reduce the likelihood of buying a fake.

Incorporating these changes will require significant investment from stakeholders. However, since art is a cultural tool and an economic driver, those who create work should be protected by all invested stakeholders.

The post Blurred Lines: How the Lack of Regulation of NFT Platforms Has Fueled Rampant Art Theft appeared first on IPOsgoode.

I. Preparing Canada for 5G Coverage

5G data coverage, which is the next generation of wireless data services, promises to make it possible for cities to become , as buildings, utilities, and people will be able to constantly share data. This connectivity can make cities more efficient by allowing businesses and government to mine this data, discover inefficiencies and redundancies, and correct them. Canada promises to be a major part of this initiative, with Google’s intention to build a , which will feature a fully interconnected neighbourhood.

The jurisdictions that can achieve 5G coverage will have a competitive edge in attracting new technologies and business opportunities that can take advantage of this new interconnectivity. , the CTO of Telus, noted that Canada needs a fully allocated 5G spectrum to take advantage of these opportunities. Mr. Gideon lamented that the Canadian Radio-television and Telecommunications Commission (CRTC) has not yet fully auctioned the 3.5 – 4GHz spectrum, where 5G will be broadcasted, and this puts Canada at risk of falling behind other jurisdictions. Not only have Western counties like the US, UK, EU and New Zealand allocated or planned out this spectrum, but so have Saudi Arabia, India, China, Japan and South Korea have as well. In his keynote, Mr. Gideon called on the Federal Government to create a clear strategy and timeline on how the 5G spectrum will be allocated and when; only once this is done can businesses seize on the new opportunities that 5G offers.

II. Big Data Firms – The Home Invaders

, EVP of , a major US business-to-business telecom service in the Internet of things (“IoT”) space, spoke of the need for telecoms to partner with large technology companies like Apple and Amazon so that Internet service providers are not left behind by the coming technology changes.

As major technology firms develop new IoT applications, like Amazon with Alexa and Google with Home, these companies are creating new interactions inside their customers’ homes, which are new opportunities to connect with their customers and build goodwill. Since these IoT devices rely on Internet connections to work, telecoms are a crucial part of this experience. However, Amazon and Google will reap the rewards of positive customer interactions and when they don’t work, the telecoms are blamed.

This leads to a situation where technology firms will benefit from the goodwill and telecoms will continue to be viewed as a necessary evil to facilitate online-based services. Telecoms suffer from as no customer loyalty is developed when IoT devices work, but when the devices don’t work the telecoms take the blame. One solution is for telecoms to partner with these firms, allowing them to piggyback off the brand building they are engaged in. If Rogers can offer a “Rogers + Google” service, there is more likely to be a positive customer association with the Rogers brand every time Google Home helps a consumer. This strategy is increasing with Fido packaging a with their phone plans and a in 2014.

III. Privacy and the Digital Footprint

While Mr. Weening’s presentation opened up many interesting possibilities for the future of telecom service, as a law student I couldn’t help but be concerned by the . The panel on privacy and information security focused on the implications for these new services and the need to evolve consumers’ digital footprint beyond a mere email and password combination.

, a Senior Fellow at Ryerson University’s Ted Rogers Leadership Centre and the former Privacy Commissioner of Ontario, noted that over the past two years, the percentage of consumer concerned about the privacy of their information has . Ms. Cavoukian pointed out that is more important and profitable for telecoms to build trust with their customers regarding the integrity and privacy of their personal information than to collect as much data as possible. She noted that when customers are informed that their data is private and only used for a specific purpose, they are more likely to consent to future requests for uses of their data in different ways.

Other panelists noted that since Canada adopted the Internet earlier than most countries, its and out of touch with the internet. Jurisdictions that were slower to adopt the Internet, like the EU, have observed the effects the Internet has on society and have had an easier time legislating accordingly.

A related panel, “Cultivating an Innovation Economy” discussed how telecoms need to help facilitate a revolution in digital identity. One of the biggest cybersecurity problems is that people protect their valuable data with an easily hacked email and password combination. However, smartphones are complex computers capable of acting as a digital fingerprint for online services. Telecoms that can create a secure digital identity for their customers could have a strong competitive edge as privacy and information security becomes a greater concern for consumers.

IV. Minister Bains on Connecting the Arctic and Rural Canada

The 2018 Canadian Telecom Summit ended with a keynote speech from the Honourable , Minister of , the department in charge of the Telecommunications Act.

Minister Bains spoke of the government’s partnership with Bell to bring , connecting Inuit communities to the rest of Canada. The construction of over 15 cell towers across the Northwest Territories and Nunavut could also help stimulate commercial investment in Canada’s North beyond the traditional natural resource extraction industries.

Minister Bains also introduced the new , where the government is planning to extend data coverage to many remote rural communities in Canada that currently have no data coverage. This initiative will also provide up to 50,000 low income families with a personal computer and access to a low-cost public internet plan for $10 per month. The goal of this initiative is to help alleviate isolation and poverty in rural communities by connecting them with urban Canada and creating new opportunities in their community.

V. Conclusion

This year’s Canadian Telecom Summit showed that the commercial opportunities created by telecommunication continue to broaden and that Canada is far from a global leader in this area. At the same time, there is a clear sense that the current government wants to make Canada’s technology economy more competitive and ensure that issues of privacy and accessibility are addressed. There is great promise in the commercial opportunities in this space, but measures like a clear spectrum allocation strategy and more competition in the telecom space is needed to spur more growth in this area.

The post Highlights from Canadian Telecom Summit 2018 appeared first on IPOsgoode.

This Special Issue seeks articles that focus on any doctrinal, policy, regulatory or theoretical aspect of Intellectual Property in the New Technological Age. Authors are invited to reflect upon the evolving relationship between IP law and new technologies in light of established and emerging stakeholder interests—and the public interest in general. Possible topics include, but are not limited to: the changing role of IP in our culture/society/marketplace; the pursuit of ‘technological neutrality’ in IP law; sites of tension between copyright norms and new digital services; patentability and gene or bio-technologies; trademarks, territoriality and the online marketplace; end-user and intermediary liabilities and remedies; emerging IP management and enforcement strategies; the expansion/contraction of user rights and defences in respect of new technological tools.

Submission

Manuscripts should be submitted online at by and . Once you are registered, . Manuscripts can be submitted until the deadline. Papers will be published continuously (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are refereed through a peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the page. is an international peer-reviewed Open Access quarterly journal published by .

Please visit the page before submitting a manuscript. The for publication in this journal is 300 CHF (Swiss Francs). English correction and/or formatting fees of 250 CHF (Swiss Francs) will be charged in certain cases for those articles accepted for publication that require extensive additional formatting and/or English corrections.

Carys J. Craig is the Associate Dean, Research & Institutional Relations and an Associate Professor at Osgoode Hall Law School.  She is the guest editor for this LAWS special issue.

The post Call for Papers - LAWS Special Issue on "IP in the New Technological Age: Rising to the Challenge of Change" appeared first on IPOsgoode.