Copyright is both a legal right and a commercial tool. Organizations rely on it to protect innovation, monetize content, manage risk, and operate confidently in digital and global markets. Fasken advises copyright owners and users on protection strategies, licensing, regulatory compliance, and enforcement—helping clients make informed decisions that support growth and long‑term value.
Copyright in a Complex and Evolving Landscape
Copyright law is rapidly evolving in response to digital distribution, platform‑based business models, artificial intelligence, and increased regulatory oversight. Businesses must manage overlapping considerations, including licensing frameworks, collective rights administration, compliance with statutory regimes, and the risk of infringement claims.
Fasken supports clients across creative, technology, and research‑driven industries, providing strategic advice that balances protection, use, and enforcement of copyright in Canada and internationally.
What You Can Expect
- Business‑oriented copyright advice aligned with commercial objectives
- Strategic guidance on ownership, licensing, liability, and content use
- Clear analysis of risk in digital and technology‑driven environments
- Practical support in high‑stakes disputes and regulatory proceedings
- Integrated advice across IP, regulatory, litigation, and commercial matters
Who We Serve
Technology and Software Companies — Businesses developing software, platforms, games, and AI‑enabled products that rely on copyright protection and licensing.
Media, Entertainment, and Creative — Industries Clients operating in music, film, television, publishing, and interactive media.
Institutions and Content Users — Organizations, platforms, and businesses that rely on third‑party content and need to manage compliance, licensing, and risk.
Content Creators and Rights Holders — Artists, producers, publishers, developers, and organizations seeking to protect and monetize original works.
Types of Matters We Handle
Regulatory and Collective Rights Matters: Proceedings before the Copyright Board of Canada, tariff and royalty disputes, and compliance with statutory regimes, including notice‑and‑notice obligations
Copyright Strategy and Protection: Ownership and risk analysis, registration strategies, chain‑of‑title review, and portfolio management.
Licensing and Commercialization: Music licensing and clearance, film and television licensing agreements, software and SaaS agreements, content distribution, and commercialization arrangements.
Technology, Data, and AI‑Related Copyright Issues: Copyright considerations in software, videogames, digital platforms, and AI‑generated or AI‑assisted works.
Enforcement and Dispute Resolution: Copyright infringement litigation, defence against claims, anti‑trolling strategies, and appellate advocacy, including matters before the Supreme Court of Canada.
Cross‑Border Copyright Issues: Coordination of international copyright protection, enforcement, and regulatory alignment.
Why Clients Choose Fasken
Clients choose Fasken for copyright advice that combines legal depth with commercial judgment and technical expertise. We understand how copyright operates in real business environments and tailor our guidance to support innovation, monetization, and risk management.
Fasken’s copyright practice is consistently recognized by independent legal directories and industry publications, reflecting sustained involvement in complex copyright matters, including regulatory proceedings and precedent‑setting litigation.
What Success Looks Like
Copyright Board Proceedings: Represented clients in high‑stakes tariff and arbitration proceedings before the Copyright Board of Canada, helping shape royalty frameworks and commercial outcomes.
Software and Technology Licensing: Advised a technology company on copyright ownership, licensing, and compliance for a complex software and SaaS offering.
Copyright Enforcement: Acted for rights holders in infringement proceedings, including matters that advanced to Canada’s highest courts.
Creative Industry Transactions: Supported clients in music, film, and interactive media with licensing, clearance, and chain‑of‑title strategies.
Frequently Asked Questions (FAQs)
Q: Do you advise both copyright owners and users?
A: Yes. We regularly act for rights holders, distributors, licensees and organizations that rely on third‑party content, helping manage protection, licensing, and risk.
Q: Can you help with Copyright Board proceedings?
A: Absolutely. Fasken has extensive experience before the Copyright Board of Canada in tariff‑setting and arbitration matters.
Q: Do you advise on copyright issues involving software and AI?
A: Yes. We support clients on copyright considerations related to software, digital platforms, streaming services, social media, videogames, and AI‑enabled technologies.
Q: Do you handle copyright litigation and appeals?
A: Yes. Our team has acted in leading copyright cases, including matters before the Supreme Court of Canada.
Your Team at Fasken
Clients work with an integrated copyright team that combines litigation strength, regulatory insight, and commercial IP experience. Our lawyers and advisors support clients across industries, technologies, and jurisdictions, bringing clarity and strategic judgment to complex copyright issues.
Clients value our ability to anticipate risk, coordinate across practice areas, and deliver practical advice that protects creative and technical assets while supporting long‑term business objectives.
