In this episode of the Entertainment & Media Law Signal Podcast Series, David Steinberg speaks with Meredith Bacal about trademarks and copyrights; two important parts of the IP toolkit in the media and entertainment space. Meredith is a partner in the Firm’s Intellectual Property and Litigation and Dispute Resolution groups and has extensive experience litigating media, entertainment, defamation and technology disputes. David is a partner in the Media and Entertainment group. Both are based in Dentons’ Toronto office.

CPD/CLE Accreditation

• This program is eligible for 30 substantive minutes with the Law Society of Ontario.
• This program is eligible for 30 substantive minutes with the Law Society of British Columbia.
• In our view, this session would meet the CLE requirements of the Barreau du Québec.

Transcript

Download a copy of the podcast transcript.

Resources

Trademarks and copyrights are two important pieces of the IP toolkit in media and entertainment. Whether you are a producer, a writer, an artist, a singer or a band, understanding the differences between the two can save you time and money! Copyrights are automatically created when an original work is authored. Trademarks, on the other hand, protect branding and signal to consumers the source of a particular good or service.

Registering a trademark can be a lengthy and costly process, and could take years to be approved. However, if you do decide to go that route, the benefits of registering a trademark are substantial. A registered trademark provides a public record of ownership and can deter others from using a similar brand. It also simplifies the process of stopping third parties from infringing on your mark.

The decision to apply for a trademark depends on various factors. If you wish to prevent third parties from using your mark in connection with similar goods and services, it’s advisable to file an application for registration. This is particularly important if you plan to expand your brand into merchandise or other areas. It’s essential to ensure that your mark is distinctive. If there are multiple similar marks in existence, it may be challenging to enforce your rights. Also, consider the potential legal implications when selecting a brand. If your mark could potentially infringe another brand, it’s best to avoid using it.

On the other hand, a copyright is free and is created automatically when a person authors an original literary, dramatic, musical or artistic work. So when you write a song, a movie, or book or even a painting, just by virtue of its creation, you have copyright in it. In Canada, while you don’t have to register, you should still consider doing so as it's inexpensive, it's fast and there's no examination.

For more information on this topic, please reach out to the authors Meredith Bacal and David Steinberg.

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