�ճ�� (the “Gowling WLG IPilogue Prize”) was pioneered in ’s Intellectual Property class in the Fall 2007 term and has been generously sponsored each year since then by , formerly Gowling Lafleur Henderson LLP. As a sector-focused law firm, Gowling WLG provides clients with in-depth expertise in key global sectors and a suite of legal services, including a  and 300-strong .��

All blog entries and comments on the IPilogue submitted by Osgoode students are considered automatically for the prize. In each academic semester, one prize is awarded for the best blog post and one prize for the best comment.��

This award is a chance to recognize Osgoode students’ research and writing in a specialized and technical field and further encourage them to develop their strong interest in Intellectual Property Law. Of course, the subject matter of the IPilogue goes beyond strictly IP. Our stories also delve into related areas including: internet law, privacy rights, broadcasting, social media and free speech.��

We are pleased to announce this year’s winners of the Gowling WLG IPilogue Prizes:��

Fall 2021 Term:��

Best Blog: Kwangil (David) Park: ��

Best Blog Comment: We have a tie.��

Samantha Melhado’s comment on “”��

Lamont Abramczyk’s comment on “”��

Winter 2022 Term:��

Best Blog: Claire Wortsman: ��

Best Blog Comment: We did not award a winner for this category��

Congratulations to our winners and thank you to all who make the IPilogue possible. We are most grateful to Gowling WLG for its generous support.��

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The ��Society ��of ��Composers, ��Authors ��and ��Music ��Publishers ��of ��Canada ��(“SOCAN”), protects the performing and reproduction rights of more than 160,000 songwriters, music��publishers, composers and visual artists. As one example, think of the background music you enjoy at your favourite restaurant. With a SOCAN license, businesses comply with copyright laws and may play songs that are part of SOCAN’s repertoire while supporting the creators of that music.

After reading the title you might be wondering, what does the cobra pose have to do with copyrights? During my very first week I was introduced to how wellness is successfully integrated into the fabric of SOCAN’s organizational culture. From presentations on the science of work-life balance, to active lunch breaks, at SOCAN I channeled my inner yogi while entering the world of rights management and licensing.

It’s been said that “there is no such thing as the perfect time,” with the IP & Technology��Intensive however, there is. This program is purposefully designed for students in the final year of their legal education. The best part about the timing of the Intensive is that everything comes full circle. While at SOCAN, I was able to connect the dots between what I learned in 1L, e.g. remedies for breach of contract, and apply those concepts to live agreements. Whether I was crafting a termination clause or reviewing a sponsorship contract, I began to develop my own drafting technique and style. This experiential component created space for me to shine and confidently rely on the knowledge I’ve gained throughout my law school journey before transitioning out of student life and into practice.

When attending my weekly check-ins, I was consistently encouraged to express my areas of interest and objectives for my time at SOCAN. I appreciate that I could take initiative and truly customize my experience. One of my goals was to gain exposure to the synergy between the legal team and other branches, such as SOCAN’s membership group. It was neat to sit in on meetings and observe how the lawyers leverage case law research to manage risk and present strategic options to the queries of various departments.

Surprisingly, I dabbled in quite a few non-copyright specific projects. For instance, I verified procedures and timelines required for the retention of corporate records and financial statements. I had the opportunity to analyze statutes I haven’t previously encountered, including the Employer Health Tax Act, that I otherwise may not have had the chance to explore. In addition to dissecting legislation, I also dove headfirst into obstacles facing artists globally. As streaming services propose the “lowest royalty rates��in history,” achieving equitable remuneration for music creators is an important mission. To investigate this issue, one day you might travel to the US Copyright Royalty Board’s website and review the evolution of digital audio rates and the next week you’ll immerse yourself into the economics of music streaming in the UK. I value the variety of work I was exposed to that allowed me to diversify my skillset.

One of my most memorable moments was attending a guest speaker event discussing possible solutions to make the creative industries more inclusive for Indigenous artists and professionals. The webinar concluded with a performance by SOCAN member William Prince, winner of the 2020 SOCAN Songwriting Prize and JUNO-Awarding winning singer-songwriter from the Peguis First Nation in Manitoba. It was such a treat to hear William sing live – a highlight I will always remember!

Thank you to everyone in the IP Osgoode community and SOCAN that make this program possible. While it is bittersweet to pass the torch to the next intern, I know they’ll have a blast as they too flex their musical muscles at SOCAN.

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Beep! Beep! Beep! The sound of your alarm marks the start to your day. As you resist the urge to snooze, it is likely you are about to effortlessly unlock your phone with the help of facial recognition technology. Whether you prefer to meditate or perhaps kickstart the morning with a workout, your favourite playlist is at your fingertips.

In a digitally dominant era, consumers rarely hesitate to use their faces as keys to unlock the online world. The use of interactive face filters on social media platforms complements this integration of face detecting technology into our daily lives. When capturing a photo, users on apps such as Snapchat or Instagram may select from a variety of face filters– Adding a pair of bunny ears or retro sunglasses to your picture sounds harmless, right? What if that filter features a makeup artist’s work? With tech becoming ever more sophisticated, users can now opt to express themselves with filters that seamlessly blend vibrant eyeshadow or sparkly lipstick designs (among many others!) to their face.

Flashing back to 2016, only a year after Snapchat first launched its filters (more commonly referred to then as “”), the app introduced a design closely resembling, if not an exact replica of the look by artist . At the time, Mykie While you may debate whether the filter deviated from Mykie’s design so as to count as a new work (lacking a degree of substantial reproduction) – we must first question, are makeup designs captured by copyright protection? Spoiler alert, it depends.

Let’s dive into the copyright landscape to further explore this subject.

According to of the Copyright Act, copyrights subsist in artistic works such as photographs or paintings. But, as stated in��, in order to receive copyright protection, a work must be “original,” i.e., the result of the exercise of skill and judgment, “in a manner that is not so trivial that it could be characterized as a purely mechanical exercise.”[1] And only expression, not an idea, is protectable. ��Osgoode’s own Professor Carys Craig notes, Your everyday cat-eye look might not attract copyright protection, but how about when the design is closer to that of stage makeup? This area of law has yet to be extensively litigated in Canada, however our international counterparts have grappled with the intersection of facial makeup and copyrights with varying degrees of fixation required.

It is crucial to flag that copyrights extend to the expression of an idea, having a “more or less permanent form.”[2] In Merchandising Corporation of America Inc v Harpbond Ltd, a 1983 UK case, makeup was found to be outside the scope of copyright protection, as one commentator put it, the makeup on musician Adam Ant’s face, “.”

The Compendium of U.S. Copyright Office Practices notes, “”[3] Unlike tattoos (which have their own set of copyright obstacles), makeup when met with water, vanishes. However, the ephemeral nature of a work does not bar copyright protection. For example, a sand sculpture that is then washed away by tides or a wedding cake later eaten by guests is within the ambit of copyrightable subject matter. [4]

The face – as an alternative medium – must not serve as an impediment to an artist’s access to protection. Social media platforms ought to think twice between reproducing a makeup artist’s work without consent. Whether your canvas of choice is paper or skin, copyright protection prioritizes the originality of the art, as the work moves out of the common stock of ideas and into the pool of intricate facial illustrations. Consider the skill required to perfect the detail and imagery in Natascha Pedersen’s As a painter using acrylics, a makeup artist is similarly armed with a brush full of beautiful colourful powders.

[1] at para 16.

[2] Canadian Admiral Corp v Rediffusion Inc., [1954] 20 C.P.R. 75, para 28.

[3] at p 3.

[4] ��Islestarr Holdings Ltd v Aldi Stores Ltd [2019] EWHC 1473 (Ch) at para 48.

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As an emerging market, you might be wondering what exactly is digital fashion? Amber Jae Slooten, co-founder of digital fashion house , defines digital fashion as ��Digital fashion pushes the boundaries of what materials can be represented and featured in a design. Buffalo London, a brand known most famously for their platform sneakers, created a shoe that uses Brands and designers are now increasingly designing digital fashion in response to consumer demand for avenues of self-expression in a virtual space. A joint venture with virtual sneaker brand ��and crypto-artist FEWOCiOUS, resulted in over

Digital fashion presents unique intellectual property considerations. As a highly collaborative industry, what might be the risks to artists and designers? Trademark Attorney Alison Cole poses that “ When a physical garment is converted into its digital twin, ownership may vary depending upon the particular software used. In some cases, ownership may vest in the 3D license holder. Subject to the particular scenario, questions of ownership could get quite complex. For example, an artist may create a design that is then converted into a 3D iteration by an agency with a third party combining these elements for an editorial. Artists should be aware of the effects of these arrangements and consider crafting specific contracts that ensure their work is protected in an agreed upon manner.

��Steps Towards a More Sustainable and Inclusive Industry

Digital Fashion has the positive effect of prioritizing sustainability and inclusivity within the fashion industry.�� As per The Fabricant’s mantra “ As digital clothing requires no physical outputs and is made from pixels rather than textiles, the Further, with the use of digital production, artists can seamlessly switch between different shapes and heights of bodies.

Whether you’re interested in trying on virtual sneakers or creating your own designs, digital fashion is now a highly commercially viable asset. The future of digital fashion presents endless possibilities and as Dress-X encourages

Written by Samantha Melhado, JD Candidate 2022, enrolled in Professor D'Agostino's Directed Reading: IP Innovation Clinic course at Osgoode Hall Law School. As part of the course requirements, students were asked to write a blog on a topic of their choice.��

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