A presentation at Podcamp Toronto 2011 on how Canadian copyright and trade-mark law impacts what you can and cannot do in social media.

1. Copyright, Trade-marks &
Social Media: A Primer
Lorraine M. Fleck
Podcamp Toronto 2011
February 26, 2011

2. 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.

3. 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.

4. Copyright
 Get written permission to use content
(license) and keep permission on file in
the event of a dispute.
 Includes material from the Internet!

5. 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.

6. Copyright
 Moral rights (right of author attribution and
integrity of copyrighted work) can prevent
you from altering content.
 Obtain a waiver of moral rights.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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!

12. 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.

13. 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.

14. Thank you…Questions?
Lorraine M. Fleck
Barrister & Solicitor | Trade-mark Agent
E-mail | lfleck@hofferadler.com
Website | www.hofferadler.com
Blog | www.ipaddressblog.com
| @lorrainefleck

15. Copyright, Trade-marks &
Social Media: A Primer
Lorraine M. Fleck
Podcamp Toronto 2011
February 26, 2011
These slides do not constitute legal advice.