Canada’s Intellectual Property Firm

Copyright & Digital Media

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

Unparalleled Expertise in Copyright & Digital Media