Baseball and Privacy: A Canadian Perspective on Wearable Technologies

Two recent articles have highlighted a novel privacy issue regarding the legal implications of wearable technologies in Major League Baseball (MLB). Rian Watt first addressed the issue for Vice Sports, and Associate Professor Nathaniel Grow followed up with a post on Fangraphs about the American implications of MLB franchises collecting biometric data about their players. However, given that the Toronto Blue Jays operate in Canada, a perspective on this from north of the border is warranted.

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The Panama Papers Database: Canada’s Biggest Intentional Privacy Breach?

The leak of the confidential files of a Panamanian law firm, dubbed the “Panama Papers,” has generated much press coverage, but there has been surprisingly little comment about the privacy rights of those named in, or linked to, the disclosures. It seems obvious that the public exposure of the personal information (“PI”) contained in the documents that were unlawfully obtained by an anonymous hacker raises serious privacy concerns for those individuals who are named. In fact, the International Consortium of Investigative Journalists (“ICIJ”) and other media outlets could well be facing regulatory complaints or even tort claims for unauthorized use of PI and/or invasion of privacy under Canadian law. If so, the release of PI by ICIJ members could qualify as the largest intentional privacy breach ever made in Canada by an identifiable entity.

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Celebrity Social Media Accounts: When does a Repost Infringe Copyright?

For almost a decade, the rise in popularity of social media platforms has created new methods for organizations, brands and celebrities to target their audience. Whether through promotional tweets, posts on Instagram, or Periscope shopping excursions, there are countless ways to engage with millions of individuals around the world. However, obtaining content for social media can tread into murky copyright waters. This issue is illustrated by a recent dispute between Toronto photographer Jake Kivanç and Drake, where Kivanç has accused Drake of playing dirty not clean.

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Creative Pleading Seeks to Certify Copyright Class Proceeding

Voltage Pictures LLC has been busy in the Federal Court of Canada. As illustrated by the proposed class proceeding filed April 26, 2016, the movie production company is showing no sign of slowing down.

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Unpack SODRAC Symposium Video: Reproduction Rights

On February 25, 2016, Hayes eLaw LLP founding partner Mark Hayes spoke on the “Reproduction Rights” panel at Osgoode Hall Law School’s Unpack SODRAC: Technological Change and Copyright Tariffs after CBC v SODRAC (SCC 2015). The video can be found below.

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Trifecta of Noteworthy Copyright and Trademark Filings

Although notices of appeal are common place in intellectual property matters, three recent filings at the Federal Court of Appeal are, at least in this author’s opinion, noteworthy to those in the copyright and trade-mark communities.

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Have Online Services Transformed Into Goods Under the Trade-Marks Act?

On February 18, 2016, the Federal Court, in Specialty Software Inc. v. BEWATEC Kommunikationstechnik GmbH, 2016 FC 223 (“Specialty), overturned a decision of the Registrar of Trademarks. In doing so, the Court may have broadened the scope of “goods” under the Trade-Marks Act (the “Act”) and called into question many software-related marks relating to services.

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