Growing up, like many children, I had a skewed perception of the news. To me, the news existed as the excess pages attached to the crossword. The paper was so thin, my heavy- handed penmanship would often bleed through the page. The news was also the channel my grandparents never let me change, despite the fact that the content always seemed to make them sigh and shake their head. I never understood why adults cared so much about the world around them, when the world truly seemed like such a depressing place. I suppose not much has changed, except for my perspective, which has been shaped by my education and genuine curiosity. I discovered a passion for uncovering truths, through the mystery novels I buried my nose in, the work I did for the school paper, and the headlines I encountered on my phone.

When I was told that I’d be spending my first semester of 3L at the Globe and Mail, I became enamoured with the realization that I wouldn’t have to attend classes, make summaries, or write exams for a whole ten weeks! I was excited for the change of pace and the practical learning opportunity ahead. One thing law school doesn’t teach is how to actually practice law. Crazy, right? We are given the tools to think critically and spot issues, but drafting and client correspondence is often left up to volunteer work, summer positions, or experiential opportunities such as this placement. With that said, I was excited to feel like a lawyer for once.

The Globe was especially enticing, as Canada’s most widely read newspaper, but I also had no idea what to expect. Isn’t the news a dying industry? What sort of IP issues could I possibly face? Half of me wondered if I’d spend my days seated in the corner of a newsroom while journalists barked pitches at the editor, who would periodically look over at me to confirm no laws were being broken. Of course, I didn’t have the authority or the experience to make these calls, and Covid ruined my plans to star in what sounds like the plot to a mockumentary sitcom.

With that said, the Globe’s Associate General Counsel, Sophia Javed, did make sure to include me at every step of the process –from initial inquiries up until the final draft of the agreement. I also had the opportunity to explore new areas of law which I hadn’t considered before, such as privacy and anti-spam. This was the most surprising thing about the Globe, as I was reminded of its identity as a business, first and foremost, one with a prominent online presence. This means that, like other private companies, the Globe must comply with consumer protection laws.

Speaking of consumer protection and putting users first, my time at the Globe also reminded me that, contrary to popular belief, lawyers exist to make their clients’ lives easier. With that said, contracts should be clearly written, without legal jargon, to avoid litigation. It’s easy for lawyers to fall into the habit of recycling old precedents, with little to no revisions, even if they make no sense. However, at the Globe, I was encouraged to bring a new perspective to these documents. My creative mindset and background in English served to be an asset, as I was able to use the writing skills I cultivated in undergrad to my advantage.

All in all, this was a valuable experience for me, as I learned about the challenges and the perks that came with advising in an in-house capacity. I found that I really enjoyed the role each lawyer plays, as they wear multiple hats and are expected to be experts in not only the law, but the business as well. I can certainly see myself working in a similar role, in the future, maybe at another media or publishing company.

Thank you to Professor Vaver and the lawyers at the Globe, for guiding me throughout the term and providing me with knowledge that will surely inform the rest of my legal career.

The post You’ve Got Mail – A Contract You Can Read!! My Virtual Placement at the Globe and Mail (IP Intensive Reflection) appeared first on IPOsgoode.

It’s no secret that memes have taken the internet by storm. Whether they’re coming from your dad, who finally posted a Bernie Sanders mitten meme to his Facebook feed, a year late, after pestering you for help (good luck, he now thinks you’re a tech tycoon and you will never see another day of peace) or your kid sister, who continues to remind you how old twenty-four is –memes are the universal language of laughter. ��

A meme is simply a photo or video with text overlaid. This text usually describes the image and outlines a feeling or idea that is culturally relevant and relatable. Memes exist in collections, as they are often reposted by various creators, adding slight alterations. The term “” was coined in 1976 by Richard Dawkins, who likened them to genes, because of how quickly they replicate and spread.

The etymology of the word may make sense, but can the same image be copied over and over without intellectual property repercussions?

Copyrighting a Meme

In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Although originality seems like a low threshold to meet, memes may not exactly make the cut.

Artistic Work

Memes that contain both artistic and literary components may comprise both an artistic and literary work: originality may exist in their combination. Multiple elements selected or arranged in an original way, may also qualify the meme as a protected .

Authorship

The next component to copyright is authorship. Although the term “” is not defined in the federal statute, the first owner of copyright is presumed to be the person who creates the work. This can become difficult to track with memes, as they often appear out of nowhere, on anonymously-run meme pages, such as @memezar and @insta.single. Although TikTok has simplified source tracking, as individual creators have been known to go viral for their content, knowing the identity of the original poster doesn’t always allow authorship to be easily ascertained, as other creators often replicate memes, adding their own twist.

Originality

Another key component of copyright, is originality: the work must be more than a mere copy (). The author need not prove their work is entirely novel or, as would say, “show-stopping, spectacular, never the same, totally unique, completely not ever been done before.” They must demonstrate only that their expression required skill and judgment. This may become tricky in the context of social media, as memes only become popular by copying and reposting. However, while memes reference and communicate with one another, any changes beyond the trivial and mechanical may meet the originality threshold, even if the later work infringes the earlier

Fixation

Lastly, fixation requirements may also be difficult to prove, especially because memes arguably exist in groups. While one image or video is fixed, collections are constantly changing.

Is Infringement Even Possible Then?

While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. According to of the Copyright Act, only rightsholders can reproduce their work or “any substantial part thereof.” Copying the whole or a substantial part of a meme could therefore constitute infringement even if new matter is added.

This may become a concern in Canada only when memes are used in a commercial context, as the Copyright Act allows exceptions for non-commercial user-generated content (s.). Infringement may however occur where brands use meme marketing to profit off popularized images — as when, in the US context, Grumpy Cat coffee company, Grenade, and Kim Kardashian fast fashion brand, Missguided, for using memes to sell merchandise.

On the flip side, many companies welcome the meme-ification of their brand, because of the free publicity they receive. This was seen with and, more recently, with the brands responding to logo redesigns.

Possible Remedies?

One defence to copyright infringement is fair dealing for the purpose of parody or satire ( of the Copyright Act). However, holds that, to be allowable, parodies that draw on original works must exhibit noticeable differences. New memes do not usually meet this criterion. If correct, it would affect many forms of parody, such as comedy that pull verbatim from the original.

Conclusion

All this to say – repost with caution, because the scope of what is and isn’t copyrightable or infringing creates problems by the day.����

��

The post What Do You "Meme" That’s Copyrightable? appeared first on IPOsgoode.

This is how works. When big brands pay popular people to wear their products, clothing sells.

If you aren’t already familiar with TikTok, it’s a video-sharing app which has over downloads worldwide. While the platform allows for the creation of original content, users are mainly encouraged to recreate existing videos by capitalizing on trending .

From a copyright perspective, this feels like blatant infringement, especially when teens like have built entire careers dancing along to the songs of other artists.

Although TikTok has licensed the right to use the music, according to the website’s Terms and Conditions, this right only extends to users who make videos for .

The problem is that many of these TikTok celebrities have partnered with major brands who participate in influencer marketing. Since the app is popular among younger , aged 18-25, companies pay users with large followings to make sponsored posts promoting their products. These users, who make videos for , could face multiple copyright infringement claims from artists.

�վ���մǰ�’s are quite concerning alone, especially for emerging artists who hope to get their big break on the app. Although creators own the copyright to their content, TikTok retains the:

“Unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.”

These Terms and Conditions make it clear that after uploading an original song, users grant TikTok reproduction and performance rights, without royalties.

This undermines the purpose of copyright law, which is meant to protect . Many music associations including the National Music Publishers Association (NMPA), have , threatening to sue TikTok for its lack of transparency and constant violation of copyright.

Just last year, NMPA signed a copyright licensing agreement with TikTok, which gives members the ability to opt-into a that allows them to receive compensation when their songs are used on the app.

However, lesser-known artists who are not members of these collectives continue to unknowingly sign away their rights, while young influencers simultaneously run the risk of infringement.

So the next time you post content on TikTok, or any social media platform, perhaps take a longer look at the terms you never read but always “agree” to. It only takes a minute but could save you a fortune.

Shayna Jan is a second-year student at Osgoode Hall Law School and a guest contributor to the IPilogue.

The post TikTok Made me Buy It: Influencer Marketing and Copyright Infringement Issues appeared first on IPOsgoode.