Tag Archives: Copyrights

Analysis, Canada, Copyrights, Trademark

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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Analysis

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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Analysis

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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Analysis

“Making Available”– The Supreme Court Rules That There Is Only One Royalty Fee To Be Paid

picture of the the entrance of the Supreme Court of Canada, or Cour Supreme du Canada, in Ottawa. The Supreme Court of Canada is the highest court of Canada, the final court of appeals in the Canadian justice system. Its decisions are the ultimate expression and application of Canadian law and binding upon all lower courts of Canada

Fasken successfully represented several of the respondents before the Supreme Court of Canada in Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30. In its recent decision, the Supreme Court conclusively rejected attempts by SOCAN to “double dip” on copyright royalties via the making available of copyrighted works and in the process helped clarify a number of important legal issues. Some of these issues are unique to copyright law, while others have broader relevance, including issues related to determining the standard of review post-Vavilov and how treaties should be used to interpret statutes.

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