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.
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.
Netflix is one of the few global media companies with the ability to solve digital music through strategic bundling of product, services and content. The battle for our music streaming lives can be waged by Google, Apple, and Spotify. However, Netflix represents the dark horse in this race, and could only mount a reasonable prospect if bundled film and music in the right way. Oh, and before a competitor like Amazon gets to it first. Well,…
If it wants to, Netflix can solve the problem of people not paying for music through bundling music with its movie and TV service. And music is ripe for bundling for several reasons. No one service is doing bundling well right now. Amazon is almost doing it with it’s Prime Music service, but it’s mainly a brick-and-mortar product distributor, not a dedicated content delivery service like Netflix (which now also produces content). And Apple’s iTunes service is clunky and outdated at best, and the a-la-carte download model is very 2010. And Apple is really the only other company who could make a significant dent in a play for bundling. But with a slick UI and some negotiations with the major labels, Netflix can catch Apple asleep at the wheel.
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…)