For Ontario businesses and non-profits, it is critical to understand best-practices when creating and managing their trademarks and copyrights. The following non-exhaustive list provides an overview of five of the most common issues relating to organizations’ use and management of their intellectual property.
I’m on VIBE 105.5 FM, discussing business affairs, intellectual property, branding and monetization for the music industry.
Canadas’ new anti-spam law (CASL) establishes a robust regulatory environment applicable to all manner of commercial, electronic communication. Tinder, the popular global dating app, is rife with spambots which threaten to bring the service under CASL’s purview. And while Tinder has implemented its own anti-spam technology, is it doing enough to remain compliant under CASL? Or, is perhaps CASL too lenient on Tinder?
If your intellectual property is being infringed, do not delay in seeking a remedy. If you delay for too long, you may find yourself statutorily barred from proceeding with a claim. And remember: going to court is not an IP management strategy. That’s your last resort.
On Tuesday, the Conservative Government of Canada revealed in its 500-page budget that it intends to update the Copyright Act in order to extend the term of copyright protection for sound recordings and performer’s performances from 50 to 70 years.
Should you register your copyrights? Probably.
Registering your copyrights with the Canadian Intellectual Property Office (CIPO) creates a presumption of ownership in the work, and serves as a time stamp for when the work was created. Most importantly, copyright registrations can be used in court as evidence of ownership. The process is easy, you don’t have to send anything in to CIPO, it costs $50 and can be done on-line. Once registered, your work will be listed in the publicly accessible CIPO Copyrights Database.
This year’s World Intellectual Property Day focuses on music!
From dubstep to blues to Latin to classical to funk, music is a part of the ties that bind us together.
Every April 26th, WIPO celebrates World Intellectual Property Day to promote discussion of the role of intellectual property in encouraging innovation and creativity.
Recognizing that your brand has value is the first step in understanding how you can best monetize it. Actually, it’s more than that: your brand is your value.
Intellectual assets – whether photographs, music, books or films – represent sources of revenue. More than that, however, they showcase your creative talents and engage your audience. Intellectual assets are the building blocks of your brand.
Now, OK – ‘intellectual assets’ is just managerial-speak for commercial-grade properties that can be exploited in the market. As creators, you perhaps don’t conceive of your work in this way.
The thing is…you absolutely need to. Many of my creative clients either miss this step or gloss over it completely, and all to the detriment of their long-term success in the biz.
Choosing a title is an important component of an intellectual asset management strategy that should be addressed at the very beginning of your project. When developing a new film, book or media property, it is crucially important to ensure that the title of your property, including the words and designs associated with its exploitation, does not infringe on an existing registered or unregistered trademark.
You do not want to put time and money into developing an asset, only to discover – right before your release – that your title is identical or confusingly similar to a mark being used on closely related products or services. (Believe me, this happens more than you might think…)