Strategic counsel is the critical foundation to protecting artistic works
Copyright acquisition and protection in securing artistic works is an important piece of a strong overall intellectual property strategy.
Our highly specialized lawyers will safeguard and fully exploit the potential of a brand or business by providing strategic counsel and opinions on every aspect of copyright law, including due diligence, clearances, prosecution, notice and registrations, contractual and transactional issues, and opposition and enforcement.
Our team’s technical and legal expertise provides precise strategic counsel on how to move forward with the decision to secure a copyright or when there is a risk of infringement. With our strength and experience representing clients in copyright litigation matters, we provide focused litigation opinions and strategies and are able to provide a clear and concise view of the potential risks and returns involved with pursuing or defending claims of copyright infringement. We provide advice on a wide range of subject matters including software, literature, photography, toys, architectural works, video, film, product designs, television, telecommunications and issues related to the Internet.
In addition to our extensive knowledge of the laws and rules that govern Canadian copyrights, our experience working with international clients and affiliate law firms in the U.S., Europe, and Asia allows us to provide our clients with precise counselling on global copyright issues in consideration of both international treaties and applicable local laws.
Services you can expect from us in this area:
- Counselling and creation of brand guidelines
- Copyright audits and portfolio management
- Clearance, selection, and registration
- Copyright post-registration maintenance and renewals
- Online copyright and disputes counselling
- Alternative dispute resolution (ADR)
- Counselling and representation in copyright litigation
- Registration and enforcement strategies and opinions
- Global copyright monitoring and policing of rights
Key Contacts
Unparalleled Expertise in Copyright Counselling & Opinions
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MIP
Tier One Firm for Copyright Law
2020-2024IP Stars: Copyright & related rights -
MIP
Canadian Copyright Firm of the Year
2009-2010Managing IP Americas Awards
Related Publications & Articles
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Stiff penalty for copyright infringer in Canada: Federal Court hands out prison sentence
In this recent Federal Court case, the Court ordered the director of a corporation to be imprisoned for at least 6 months and payment of $100,000 fine for bypassing an injunction against copyright inf...Read More -
Supreme Court says copyright tariffs not mandatory on works managed by collective society
The Supreme Court of Canada, in a rare copyright decision, unanimously held that copyright collectives cannot charge fees to those who decline their contracts. The ruling can be expected to affect ho...Read More -
Two Truths and a Lie — How blurring the lines between fact and fiction can undermine copyright protection
The recent Federal Court case, Winkler v Hendley, involved the question of whether copyright should subsist in fictional elements of a work that was marketed, published and perceived to be historicall...Read More -
A Step Towards Canadian Ratification of "NAFTA 2.1"
Bill C-4, entitled An Act to implement the Agreement between Canada, the United States of America and the United Mexican States was tabled in the Parliament of Canada on January 29, 2020.Read More -
Supreme Court of Canada rules on Crown copyright
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Structural engineers score big as Federal Court recognizes and enforces copyright on structure of soccer complex
On September 12, 2017, the Federal Court issued its decision in Lainco Inc v Commission Scolaire Des Bois-Francs et al, 2017 CF 825, confirming that the plaintiff’s steel structure for an indoor socce...Read More -
Online Copyright Enforcement Gone Wrong – How To Get it Right
An elderly grandmother. A first-person shooter video game. The two typically have very little in common. Yet both were recently in the headlines of the national news. The story involved an email s...Read More -
Supreme Court of Canada affirms principle of technological neutrality in Canadian copyright law
On November 26, 2015, the Supreme Court of Canada issued a 7-2 split decision affirming that even incidental copies of a work made to facilitate broadcasting will engage the reproduction right and req...Read More
Related News & Media
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Smart & Biggar co-hosts webinar with ACC Ontario: “What every in-house counsel needs to know about Intellectual Property law”
On Wednesday, May 27, Smart & Biggar, in partnership with ACC Ontario will host the webinar “What every in-house counsel needs to know about Intellectual Property law” to discuss the ins and outs ...Read More -
Smart & Biggar team members gather for and speak at the IPIC Annual Conference
The Intellectual Property Institute of Canada (IPIC) will host its 93rd Annual Conference in Ottawa from September 25-27th, 2019.Read More -
Daniel Anthony attends the CSUSA Annual Meeting in Baltimore
Ottawa Counsel, Daniel Anthony, travels to Baltimore for The Copyright Society of the USA (CSUSA) Annual Meeting, from June 9-11, 2019.Read More -
Graham Hood speaks on trademark and copyright law considerations for Cannabis producers at University of Toronto
Toronto senior associate, Graham Hood, will join a panel of tech and IP legal professionals on March 4th at the University of Toronto.Read More -
Smart & Biggar is proud to sponsor the 2018 ALAI International Congress in Montreal
Smart & Biggar looks forward to participating as a silver sponsor of the 2018 Association Littéraire et Artistique Internationale (ALAI) International Congress.Read More -
Smart & Biggar welcomes CSUSA to Toronto for 2018 Annual Meeting
Smart & Biggar welcomes delegates of The Copyright Society of the USA (CSUSA) to the Annual Meeting taking place in Toronto from June 10 – 12, 2018.Read More -
Smart & Biggar shortlisted for eight North America awards by Managing Intellectual Property
Smart & Biggar announced today that the firm has been shortlisted for eight awards at Managing Intellectual Property’s 2017 North America Awards, to be held in Washington, DC on March 23, 2017.Read More