Canada, Copyrights, Trademark

“Zombie” Privacy & IP Rights: Protecting the Rights to an Individual’s Image after Death: Part 2 of 2

Comment

Part 2: Intellectual Property

In Part One of our series on protecting individuals’ images after their death, we examined the privacy rights that govern the use of these ‘zombie’ celebrities, just in time for Halloween. We considered what privacy rights attach to dead celebrities, and whether these rights can be exercised by their estates/heirs. In this Part Two, we will consider what intellectual property rights could govern this so-called resurrection of dead celebrities!

As you will recall from Part One, it is not surprising that movies and concerts are reaching back to long dead stars to “perform” for audiences. What intellectual property rights govern the resurrection of a dead celebrity? If property rights are the best way for a deceased’s heirs to protect the image of the deceased, how can the “property” regime of intellectual property rights assist?

There are a number of statutory IP regimes as well as common law causes of action which can allow online influencers and the estates of deceased celebrities to control and monetize these valuable assets and continue to monetize as technology allows them to do so.

Continue reading »
Analysis, Intellectual property

“Zombie” Privacy & IP Rights: Protecting the Rights to an Individual’s Image after Death: Part 1 of 2

Part 1: Privacy

James Dean could soon be starring in a new movie, over 60 years after his death! In what would be his fourth movie role, Dean’s image could be superimposed on a live actor for the film Finding Jack.  Animating deceased celebrities is not new however: a holographic image of deceased musician Tupac Shakur debuted at the CochellaTM music festival as far back as 2012.

Possible through the magic of computer technology, it would seem that deceased celebrities are as popular as ever and still command significant attention.  It is not surprising that movies and concerts are reaching back to long dead stars to “perform” for audiences. There will likely be no new scandals with these celebrities and they can be made to do whatever the creators have in mind without any “diva” pushback. While not everyone welcomes these developments, it will likely become more common as the technology continues to improve.

However, “employing” such “zombie” celebrities raises fascinating new legal issues, in particular in the areas of privacy law, and intellectual property law. 

Continue reading »
Canada, Patents, Trademark

CIPO Fees to Increase After January 1, 2021

Close up of engineering drawing with electric motor

The Canadian Intellectual Property Office (“CIPO”) has announced that many of its fees for Canadian trademarks, patents, industrial designs, and integrated circuit topographies will increase on January 1, 2021. Among the fees being increased by 2% are those for an application to register a trademark as well as examination of patent and industrial design applications. A full list of the adjusted fees can be found in the links above or on the CIPO website.

The CIPO website should be consulted for an up-to-date listing of the adjusted fees because the applicable Tariff of Fees in the Patent Rules may not yet be updated. Whether the current fee or the adjusted fee must be paid for a given service will depend on the date on which the fee is received by CIPO, not the date on which the service is requested.

Fasken’s team of experienced intellectual property lawyers, patent agents, and trademark agents would be pleased to assist you with any and all CIPO matters.

Click here to learn more about our patent and industrial design practice.

Analysis, COVID, Trademark

THIS time it’s final … The Canadian Intellectual Property Office Extends IP Deadlines Until AUGUST 31st

The Canadian Intellectual Property Office (“CIPO”) has extended its final extension of the deadlines under the Patent Act, Trademarks Act and/or Industrial Design Act as a result of the COVID-19 outbreak. As we reported previously, March 16th to August 21st were considered “designated days” under the applicable Canadian intellectual property legislation; the time to respond to certain CIPO actions therefore had been previously extended to August 24th.

Continue reading »
Analysis

The Canadian Intellectual Property Office Issues Final Extension Until AUGUST 24th for IP Deadlines

The Canadian Intellectual Property Office (“CIPO”) has announced its final extension of the deadlines under the Patent Act, Trademarks Act and/or Industrial Design Act as a result of the COVID-19 outbreak. As we reported previously, March 16th to August 10th were considered “designated days” under the applicable Canadian intellectual property legislation; the time to respond to certain CIPO actions therefore had been extended to August 10th.

Continue reading »