The 2010 Vancouver-Whistler Winter Olympics are still three years away, however over the next few weeks, the Games will take centre stage in the House of Commons.
Earlier this month, the government introduced Bill C-47, legislation designed to stop companies or individuals from associating themselves with the Olympics without paying for the privilege of doing so (a practice called “ambush marketing”).
The legislation grants the Olympic organizers enormous power to police the use of anything approaching association with the Olympics. For example, the bill contains a list of expressions to be considered by the federal court to determine whether someone has misled the public into believing that their business is endorsed or associated with the Olympics. The expressions include: winter, gold, silver, bronze, sponsor, Vancouver, Whistler, 2010, tenth, medals, and games.
In order to address concerns that granting protection to generic words may encroach on freedom of speech, the bill contains an exception that excludes criticism or publication and news reports relating to the Olympic Games from the ambit of protection.
The exception needs tinkering, however, since its narrow drafting potentially excludes parodies of the Olympics and non-conventional news reporting from bloggers or podcasters.
Canadian Olympic organizers have pledged to “own the podium” in 2010, yet Canadians might ask whether they must own words such as “winter” in order to do so.
Bill C – 47
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