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Copyrights


Fasken’s team of copyright lawyers are top in class, ready to help you maximize your creativity.
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Overview

Copyright protects all forms of creative content - artistic or scientific. It protects everything from software to songs, novels to screenplays, and paintings to AI algorithms. Our Firm’s copyright team includes professionals with experience in all of the major creative and scientific industries that rely on copyright protection.

We provide clients with business-oriented advice on copyright protection strategies and the use of content in both analog and digital environments. This includes music licensing and clearance, drafting software licences and SaaS agreements, entertainment industry contracts, as well advising clients on the interplay between copyright and regulatory regimes like those administered by the Canadian Radio-television and Telecommunications Commission (CRTC) and the Copyright Board.

Our copyright litigators have taken many leading copyright cases to the Supreme Court of Canada, setting precedents and creating value for our clients. Fasken lawyers can vigorously assert your copyrights and efficiently defend you from baseless copyright claims by competitors or trolls.

Fasken is one of the rare Canadian firms with significant experience before the Copyright Board of Canada in tariff and arbitration proceedings. We regularly appear before the Copyright Board of Canada in these high-stakes royalty-setting proceedings.

Our Firm also routinely advises clients on other obligations under the Copyright Act such as compliance with the notice-and-notice regime by which copyright holders sent notices of alleged infringement to internet subscribers.

We also offer fixed-fee arrangements to register copyrights in Canada. Timely copyright registrations can provide a crucial advantage in infringement litigation, and help document and protect a copyright owner’s chain of title, which is particularly helpful when it comes to complex works like videogames, movies, and AI software.

Fasken is recognized as a leading copyright firm in Canada by clients, ranking bodies, and peers. Our copyright professionals are ranked in Canada’s Best Lawyers, Lexpert, WIPR World Leaders, and IP Stars. Work published by Fasken copyright lawyers has been repeatedly cited by Canadian courts, and our copyright experts have provided advice to Parliament on law reform in this area. To share this knowledge and experience, we offer training to clients and industry groups, publish analysis in the media, and speak at events.

Whether you are a copyright owner or a user of third-party copyrights, our team has the experience you need to ensure that your interests are fully and effectively defended. 

Subscribe to our “Intellectual Property Bulletin” newsletter, browse our recent work, or contact any of our lawyers to learn more.

Team

Primary Contact
  • Gerald (Jay) Kerr-Wilson, Partner | Trademark Agent, Ottawa, ON, +1 613 696 6884, jkerrwilson@fasken.com

Client Work

  • Canadian Education Consortium (The Council of Ministers of Education, Canada) successful in copyright royalty dispute at the Federal Court of Canada, [Case - A consortium of provincial and territorial education ministries and Ontario school boards], Consortium of provincial and territorial education ministries and Ontario school boards successful at the Federal Court.
  • CMRRA v. Apple et al and SOCAN v. Apple et al, [Case - Spotify and Bell Canada], FCA upholds Copyright Board decision to lower royalties paid for on-demand streaming and emphasizes importance of deference to expertise of Copyright Board
  • ESA v. SOCAN, 2020 FCA 100, [Case - Entertainment Software Association, Entertainment Software Association of Canada, Bell Canada, Google Canada, Quebecor Media, Rogers Communications and Shaw Communications], FCA overturns Copyright Board decision that recognized "making available" as an exclusive right, and would have required payment of double royalties for downloads.
  • Postmedia Network Inc. et al. v. Meltwater Holding B.V., et al. 2017 ONSC 3387, appealed 2017 ONSC 6036, [Case - The Halifax Herald Limited, Transcontinental Inc., Le Devoir Inc., and Cedrom-SNi Inc.]
  • Interlocutory injunction against LaDose.pro and LaDose.ca, [Case - Applicants]
  • Supreme Court of Canada Grants Leave in Copyright Technological Neutrality Case, [Deal - Canadian Broadcasting Corporation]
  • Pelchat v. Astral Média et Zone3 inc. et al, [Case - Zone3]
  • Provinces challenge the Copyright Board of Canada’s ability to set a tariff to be paid for the copying of literary works by government employees, [Deal - Confidential Clients]
  • Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37, [Case - Council of Ministries of Education of Canada]

Knowledge

  • Williams v Music and Entertainment Rights Licensing Independent Network Ltd and the Territorial Principle, 8/9/2024
  • Patent Term Adjustment is finally coming to Canada, 7/16/2024
  • Blacklock’s Reporter v Canada (Attorney General) and Password Sharing for Research Purposes, 6/26/2024

Events

News

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