Category Archives: Analysis

Modernization Initiatives of the Copyright Board

justice statue

Why Is the Copyright Board Modernizing?

The Copyright Board of Canada (“the Board”) has announced the completion of Phase 1 of its Modernization Initiative that has taken place over the past four years as of May 2023. Following this, the Board released a report providing updates on the Board’s overhaul of its processes, internal policies, and organizational culture including the implementation of new Rules of Practice and Procedure that came into effect on March 1, 2023. Policies like improving efficiency, transparency, and access to justice of legal processes, all aspects of the Board’s initiatives, are often desirable changes in any context but why has the Board been prompted to take on this initiative?

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Is Mariah Carey the QUEEN OF CHRISTMAS®?  Not according to the US Trademark Office!

Close-up of Christmas ornements hung on a Christmas tree.

Mariah Carey wrote and recorded one of the world’s most well known Christmas songs, ALL I WANT FOR CHRISTMAS IS YOU.  Originally released in 1994, it has become a staple of holiday music playlists; the song has reported earned over $60 million in royalties.  In view of this, Mariah Carey could arguably call herself the QUEEN OF CHRISTMAS, right?

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Social Media and Copyright: What are the Common Copyright Limitations and Issues Users Face?

Social media phones

In a time when online sharing is becoming more and more complicated thanks to an ever increasing number of social media platforms cropping into existence and an equally ever increasing amount of time people are spending online, various copyright issues are bound to arise. Continue reading to learn more about the common Canadian copyright limitations and issues users may face in sharing and living in an online world.

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PART II: Are Tattoos Protected by Copyright?

Men tattooing a person.

As detailed in Part I of this blog post, despite the fact that Canadian courts have not yet grappled with a case related to copyright and tattoos, the Copyright Act and foreign caselaw suggests that copyright very likely subsists in tattoos and that the rights to tattoos most likely reside with the tattoo artists who design and ink the tattoos on individuals’ skin. This copyright can create a host of legal problems for tattooed individuals, particularly public figures whose tattoos could end up on display and recreated across many different platforms. Continue reading for a discussion of some of the options available to those individuals who are concerned about the consequences of not owning their own tattooed image.

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PART I: Are Tattoos Protected by Copyright?

Men tattooing a person.

Updated October 18th, 2022

As tattoos have become increasingly common, the question of whether copyright subsists in a tattoo and what that means has come to the forefront of the copyright conversation. The deep personal connection that many people feel towards the permanent ink on their skin does not change the fact that the authorship and ownership of most tattoo designs most likely does not reside with the bearers of the tattoos, but rather with the tattoo artists. This fact creates a number of issues that can range from relatively simple problems, such as tattooists being prevented from using other tattooists’ designs on others, to complicated issues, such as large video game companies being unable to recreate accurate depictions of real tattooed celebrities who have given the companies permission to use their likenesses in games.

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