When the Canadian government introduced overbroad and unnecessary legislation to protect Olympic marks, the Vancouver Olympic Organizing Committee claimed that the legislation was necessary to guard against ambush marketing. Fresh off that legislative win, VANOC is now going for more gold. The Globe and Mail reports that it has applied […]
Post Tagged with: "olympic marks"
Common Ground has a great article by Vancouver artist Kimberly Baker focusing on the impact of Bill C-47, the recently enacted Olympic marks bill (thanks Nicolas).
The Industry Committee completed its short review of Bill C-47 this morning by approving several amendments to the bill. These notably include amending the exceptions provision (which previously only referred to the use of the Olympic marks for criticism or in the publication or broadcast of a news report) in two important ways. First, parody was added to the list, so that the use of the Olympic marks for parody purposes falls outside the Act. Second, the bill now specifically refers to electronic media as enjoying the same exception as other forms of media.
The importance of these amendments could extend far beyond this particular bill. In the case of the parody exception, it arguably highlights a clear shortcoming in current Canadian law (parody is missing from the Copyright Act as well) – one that ought to be addressed in any future intellectual property reform package. Moreover, providing specific protection for electronic media in this bill may open the door to similar media equality in other legal areas.
While the Committee added several other amendments (including a sunset clause for Schedule 3, which contains many generic words), the other notable occurrence was the submission of the Intellectual Property Institute of Canada, a leading Canadian IP organization, and its Past-President Cynthia Rowden. IPIC did the profession proud – as the only neutral, non-governmental witness to appear before the committee, it rightly criticized the bill for providing exceptional rights to one specific group.
The Industry Committee conducted its first hearing yesterday afternoon on Bill C-47, the Olympics marks bill (the second and likely final hearing goes this morning). With the exception of one Conservative MP who raised the prospect of whether the bill should include criminal provisions for ambush marketing, most of the […]