Protecting and ensuring the business value of the expression of ideas and creativity in a digital world
Copyrights can protect the commercial value of original works and the expression of ideas and creativity to generate business growth. With the rise of digital networks, ease of circulation, and illegal reproduction, infringement of copyrights are increasingly difficult to prevent.
Used strategically, copyrights can be leveraged by companies as a tool to expand market share and defend competitive position, and to increase business value. Managing, protecting and asserting copyright has never been more important to a company’s success. At the same time, rapid changes in technology and online networks allowing easy access to information, ideas and protected works has increased the risks of infringement and unauthorized use of copyrighted material protected under the Copyright Act.
Unmatched expertise in copyrights
Smart & Biggar’s expert team apply their in-depth knowledge of Canadian copyright law to help clients leverage and assert rights to achieve business goals. Our highly specialized IP lawyers understand the interplay of copyright and broader intellectual property rights, and are able to advise clients on how to leverage copyright as a strategic tool to provide broader protection for products and brands.
We are a trusted advisor to our clients, providing responsive and effective counsel on copyright matters involving all subject matters including video and digital media, film, television, telecommunications, product design, toys, software, music, literature, photography, and architecture. Our clients include leading companies across a wide range of industries including fashion, videogames, software, telecommunications, media and broadcast, entertainment, motion pictures and television, education and training, government and financial institutions.
Comprehensive and strategic counsel on copyright
We have significant expertise in all aspects of copyright law, from the clearance, acquisition and registration of copyright to sophisticated customs and anti-counterfeiting enforcement across Canada. We also have considerable experience in due diligence, contractual and transactional issues concerning copyright.
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.
Fearless defenders of copyright
When it comes to copyright enforcement, no other firm can claim a more successful track record, and we work diligently on behalf of our clients to ensure that protected works are effectively protected against infringers, trolls and enablers of unauthorized use and distribution.
We specialize in the enforcement of copyright online, and have extensive experience working with internet service providers (ISPs) and law enforcement agencies to successfully remove infringing content from the internet, including on private and commercial websites and social media platforms.
From search and seizure Anton Piller orders to pre-trial injunctions to quickly shut down unauthorized use, from takedowns to obtaining precedent-setting damage awards, we have unmatched litigation expertise to ensure that our clients’ properties, works and copyrights are effectively defended and protected.
Copyright services and counsel we provide include:
- Copyright registration and filing with CIPO
- Pre-Clearance of Copyrights, literal and non-literal
- Registration and enforcement strategies and opinions
- “Freedom to Operate” and non-infringement opinions
- Copyright ownership, including chain of title
- Employee agreements related to Copyright ownership
- Copyright licensing and commercial agreement
- Counsel and due diligence on copyright in transactions
- Online copyright and disputes counselling
- Alternative dispute resolution (ADR)
- Counselling and representation in copyright litigation
- Global copyright monitoring and policing of rights
- Copyright enforcement and litigation
Key Contacts
Client Success
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Keatley Surveying Ltd v Teranet Inc
2019 SCC 43Represented the intervenor the Land Title and Survey Authority of British Columbia on an appeal before the Supreme Court of Canada considering the issue of the ownership of copyright by the Crown in p...Read More -
Lainco Inc v Commission Scolaire Des Bois-Francs et al
2017 CF 825|2018 FC 186Successfully represented the plaintiff at trial in this case in which the Federal Court confirmed that the plaintiff’s steel structure for an indoor soccer complex could benefit from copyright p...Read More -
Bell Canada v Lackman
2018 FCA 42Successfully represented Bell, Rogers and Québecor in obtaining and enforcing an Anton Piller order and interim injunction against the operator of one of the world’s largest online platfo...Read More -
Paramount Pictures Corporation et al v David Lemarier et al
T-1679-15Successfully obtained and executed an interim injunction and Anton Piller Order against the developers and operators of software providing unauthorized access to motion pictures to millions of users w...Read More -
Vincent Wesley (Mtlfreetvcom) v Bell Canada et al
2017 FCA 55Successfully represented Bell, Rogers and Québecor in having the Federal Court of Appeal uphold the interlocutory injunction issued as 2016 FC 612.Read More -
Nintendo of America Inc v King et al
2017 FC 246Successfully represented Nintendo in an application for trademark infringement, copyright infringement and circumvention of technological protection measures (TPMs).Read More -
Bell Canada et al v 1326030 Ontario Inc dba ITVBoxnet et al
2016 FC 612Successfully represented Bell, Rogers and Québecor in obtaining an interlocutory injunction order directed at retailers of set-top boxes that are pre-configured with various applications that provide ...Read More -
Unparalleled Expertise in Copyright & Digital Media
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Lexpert
IP Boutique Law Firm of the Year
2020Canadian Law Awards -
MIP
Tier One Firm for Copyright Law
2020IP Stars Handbook: Trademark & Copyright -
MIP
Eight IP Stars in Trademark & Copyright Law
2018IP Stars Handbook: Trademark & Copyright -
MIP
Canadian Copyright Firm of the Year (Shortlisted)
2017 & 2018Managing IP Americas Awards -
MIP
Eight IP Stars in Trademark & Copyright Law
2017IP Stars Handbook: Trademark & Copyright -
MIP
Eight IP Stars in Trademark & Copyright Law
2016IP Stars Handbook: Trademark & Copyright -
MIP
12 IP Stars in Trademark & Copyright Law
2015IP Stars Handbook: Trademark & Copyright -
MIP
11 IP Stars in Trademark & Copyright Law
2014IP Stars Handbook: Trademark & Copyright -
MIP
Canadian Copyright Firm of the Year
2009-2010Managing IP Americas Awards
Related Publications & Articles
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Do you actually own the IP generated by your Canadian employees?
Employees are the source of some of their employer’s most valuable intangible assets, that is, intellectual property assets.Read More -
Cloud computing: A brief overview of intellectual property issues "in the cloud"
Cloud computing has emerged as a popular computer and information technology service, with the majority of businesses worldwide storing data “in the cloud.”Read More -
Ontario Court finds room for fair dealing in documentary on The Room
Recently the Ontario Superior Court of Justice dismissed an action for copyright infringement brought against the makers of a documentary that used clips from the notorious movie The Room.Read More -
Canadian Parliament passes legislation implementing the USMCA
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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 -
What the amendments to the USMCA mean for Canadian IP law
On December 10, 2019, Canada, the United States and Mexico signed the Protocol of Amendment to the Agreement between the United States of America, the United Mexican States and Canada (commonly referr...Read More -
Canada introduces Bill C-100: A step towards ratification of “NAFTA 2.0”
In a step towards ratifying the Canada-United States-Mexico Agreement (CUSMA), the Canadian government introduced Bill C-100, entitled “An Act to implement the Agreement between Canada, the United Sta...Read More -
Smart & Biggar intervenes before the SCC on behalf of the Land Title and Survey Authority of British Columbia in copyright infringement class action suit against Teranet
Steven Garland, Theodore Sum, Laura Easton and Matt Campbell intervened on behalf of the Land Title and Survey Authority of British Columbia in the appeal of Keatley Surveying Ltd v Teranet Inc before...Read More
Related News & Media
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6 Smart & Biggar partners recognized by their clients as ‘stand-out lawyers’ in the Acritas Stars guide
Smart & Biggar is pleased to announce that six of our partners have been named as ‘stand-out lawyers’ in the 2021 Acritas Stars guide.Read More -
Managing IP honours Smart & Biggar with four awards, including Canada’s “IP Boutique Firm of the Year”
Smart & Biggar proudly received honours in four award categories at the Managing Intellectual Property (MIP) North America Awards, presented virtually on April 7, 2021.Read More -
Smart & Biggar shortlisted as ‘IP Boutique Law Firm of the Year’ in Canadian Law Awards
Smart & Biggar is pleased to be selected as an Excellence Awardee in the Canadian Law Awards which recognizes the nation’s leading law firms, in-house legal teams, individuals and landmark deals over ...Read More -
Daniel Anthony shares copyright and trademark insights with Ottawa business owners and entrepreneurs
Ottawa counsel Daniel Anthony will present at ‘TON of Intellectual Property’, a virtual event hosted by The Ottawa Network (TON) on January 21, 2021.Read More -
7 Smart & Biggar partners featured as leading IP lawyers in Canada in the 2021 edition of Lexpert / ALM 500
Smart & Biggar is pleased to share that 7 partners are recognized among Canada’s leading lawyers for intellectual property (IP) in the 23rd Edition of The Lexpert/American Lawyer Guide to the Leading ...Read More -
Smart & Biggar a ‘market-leading IP boutique’ in 2021 edition of The Legal 500 Canada
Smart & Biggar is pleased to share the firm’s recognition as a ‘Tier 1’ firm for Intellectual Property in the 2021 edition of The Legal 500 Canada.Read More -
Smart & Biggar named “IP Boutique Law Firm of the Year” at the inaugural Canadian Law Awards
Smart & Biggar is honoured to be the recipient of the ‘IP Boutique Law Firm of the Year’ award at the inaugural Canadian Law Awards.Read More -
Guillaume Lavoie Ste-Marie joins virtual panel for “Copyright Earthquakes or Minor Tremors? Site Blocking and Reverse Class Actions” at 2020 IPIC Annual Conference
Smart & Biggar is pleased to sponsor the 2020 IPIC virtual conference taking place from October 1-2, 2020. IPIC’s Annual Conference provides an opportunity for members of the IP community to learn abo...Read More