The following is a synopsis of a presentation given at BLG’s Marketing Law News Flashes Conference held on February 28, 2013:
Recent amendments to the Federal Copyright Act and recent decisions issued from the Supreme Court of Canada have seen a number of changes to the copyright landscape in Canada, including several changes that will be important for those in the field of marketing and advertising. The changes include: (1) changes dealing with the ownership of copyright in photographs; (2) the expansion of the “fair dealing” exception; and (3) the new “mash-up” exception. Given that the copyright landscape will continue to evolve as the amendments to the Copyright Act are interpreted by the courts, you will need to keep these changes in mind and seek assistance when the need arises. Remember, unless you are the copyright owner, you will likely need to obtain authorization or a license to use a copyright protected work in your advertising/marketing campaigns!