copyright, trade-marks & social media: a primer
DESCRIPTION
A presentation at Podcamp Toronto 2011 on how Canadian copyright and trade-mark law impacts what you can and cannot do in social media.TRANSCRIPT
Copyright, Trade-marks &
Social Media: A Primer
Lorraine M. Fleck
Podcamp Toronto 2011
February 26, 2011
Copyright
Right to reproduce content and stop
others from reproducing content.
Means that you must get others
permission to use their content (e.g.
articles, photos, logos) unless your
activity falls within an exception to
infringement.
Copyright
General copyright term = Life of the
author + End of the calendar year in
which the author died + 50 years after the
year the author died.
Usually, person who creates the content
is the owner.
Exceptions: employees, photographers.
Copyright
Get written permission to use content
(license) and keep permission on file in
the event of a dispute.
Includes material from the Internet!
Copyright For photos, need to consider beyond
permission from photographer/ person
who commissioned photo.
E.g. If a person is depicted, publicity and
privacy rights may apply. If artwork
depicted, artist’s permission may be
required.
Consider stock photos from reputable
sites.
Copyright
Moral rights (right of author attribution and
integrity of copyrighted work) can prevent
you from altering content.
Obtain a waiver of moral rights.
Copyright
Exceptions to copyright infringement (“fair
dealing”) under specific circumstances:
1. Research/private study.
2. Criticism/review
3. News reporting.
Exceptions do not apply to advertising.
Parody is currently NOT an exception in
Canada; may change.
Copyright
If you plan on using user generated
content (UGC), you must obtain the right
to use/modify the content.
Two ways to do so:
1. Written transfer of ownership
(assignment).
2. Perpetual, royalty free license.
Copyright Reform
Copyright Modernization Act (Bill C-32).
“You Tube” exception would allow mash
ups for non-commercial purposes.
New fair dealing exceptions under specific
circumstances for:
1. Parody.
2. Satire.
3. Education.
Trade-marks
Depending on the circumstances,
displaying a trade-mark in social media
may constitute “use”, meaning you could
get sued for trade-mark infringement,
passing off, or depreciation of goodwill.
Using logos without permission can also
be copyright infringement.
Trade-marks
If using a trade-mark in advertising –
obtain permission.
If using trade-marks with permission, find
out how the owner wants the marks used
to avoid “genericide” (e.g. escalator) and
do not alter logos!
Best Practices
It’s often cheaper to ask for permission
than forgiveness.
Just because it’s on the Internet does not
mean its free to use!
There may be multiple stakeholders in a
photo.
Don’t forget about moral rights.
Best Practices
Current copyright infringement exceptions
do not include parody.
Obtain the right to use/modify UGC.
Be careful with trade-marks to avoid
lawsuits and undermining the value of
your business partner’s trade-marks.
Thank you…Questions?
Lorraine M. Fleck
Barrister & Solicitor | Trade-mark Agent
E-mail | [email protected]
Website | www.hofferadler.com
Blog | www.ipaddressblog.com
| @lorrainefleck
Copyright, Trade-marks &
Social Media: A Primer
Lorraine M. Fleck
Podcamp Toronto 2011
February 26, 2011These slides do not constitute legal advice.