Current Issues in Social Media and Copyright Law 2024

Course Instructors
Jon Festinger, KC (he/him) — Of Counsel, Chandler, Fogden, Lyman Law Corporation and Adjunct Professor, Peter A. Allard School of Law, UBC, Vancouver
Mark Leung (he/him) — Founder & CEO, Interhouse, Vancouver
Rowan Meredith (she/her) — SJD Student, University of Toronto, Delta

About the Course Instructors
Jon Festinger, KC (he/him) is Of Counsel at Whiteboard Law. A graduate of McGill's Faculty of Law, Jon's career has included private practice, being General Counsel of WIC Western International Communications Ltd., Senior Vice President of the CTV Television Network, and EVP Business & General Counsel of the Vancouver Canucks. Jon is an Adjunct Professor at UBC's Allard School of Law and Sauder School of Business, as well as Honorary Industry Professor, Centre for Commercial Law Studies, Queen Mary University of London. Jon is the author of Video Game Law (Lexis Nexis) and an editor of the Interactive Entertainment Law Journal (Edward Elgar).

Mark Leung is the Founder & CEO of Interhouse, a law firm centered on the provision of fractional in-house services. Previously, Mark served as the Chief Legal Officer of a prospective igaming company and Director of Legal at a media and technology company. At the start of his legal career, Mark was a litigation associate at one of Canada's largest national law firms.

Outside of work, Mark serves as an Advisor on the Advisory Committee and as the Chair of the In-House Committee for the Federation of Asian Canadian Lawyers (BC) Society (FACL BC). Mark is also an Adjunct Professor at UBC's Sauder School of Business.

Rowan Meredith is an SJD student at the University of Toronto Faculty of Law with research interests at the intersection of copyright and intellectual property law and human rights. Her doctoral thesis focuses on eliminating barriers to accessibility for disabled persons under copyright law. 

Rowan has a JD in Entertainment, Media, and Intellectual Property Law from the University of California, Los Angeles (UCLA) and an LLM in Media Law from Queen Mary, University of London. She has previous experience working as in-house counsel for a social media company. Rowan co-designed the CLEBC Virtual Conflict Resolution Conference 2020.

Course Introduction and Land Acknowledgement (9:00 – 9:10)

Darsey Meredith — Programs Coordinator, CLEBC, Vancouver
Jon Festinger, KC (he/him) — Of Counsel, Chandler, Fogden, Lyman Law Corporation and Adjunct Professor, Peter A. Allard School of Law, UBC, Vancouver
Mark Leung (he/him) — Founder & CEO, Interhouse, Vancouver
Rowan Meredith (she/her) — SJD Student, University of Toronto, Delta

Copyright Law Issues with Generative AI (9:10 – 10:00)

• when are generative AI tools responsible for copyright infringement?
• when do works created through generative AI tools receive copyright protection?
• What do lawyers need to know when advising clients on the use of generative AI tools?

Jon Festinger, KC (he/him) — Of Counsel, Chandler, Fogden, Lyman Law Corporation and Adjunct Professor, Peter A. Allard School of Law, UBC, Vancouver

BREAK (10:00 – 10:05)

The Law of YouTube and Social Media Platforms (10:05 – 10:55)

• to what extent does contract law replace copyright on social media platforms?
• what issues does this raise with respect to the legitimacy of dispute resolution procedures, Charter protections, and other legal rights?
• what is the current legal framework for Influencer Marketing Disclosures in Canada?

Mark Leung (he/him) — Founder & CEO, Interhouse, Vancouver

BREAK (10:55 – 11:00)

Impacts of Copyright Law on Marginalized Groups (11:00 – 11:55)

• how does copyright law address the creation of accessible versions of works for persons with disabilities?
• how can copyright law better meet the needs of Indigenous communities with respect to the protection of traditional knowledge and traditional cultural expression?
• how does copyright law affect whose voices are being heard?

Rowan Meredith (she/her) — SJD Student, University of Toronto, Delta

BREAK (11:55 – 12:00)

Round Table and Q&A (12:00 – 12:30)

Jon Festinger, KC (he/him) — Of Counsel, Chandler, Fogden, Lyman Law Corporation and Adjunct Professor, Peter A. Allard School of Law, UBC, Vancouver
Mark Leung (he/him) — Founder & CEO, Interhouse, Vancouver
Rowan Meredith (she/her) — SJD Student, University of Toronto, Delta