Alfred Francis, general manager at the Brazen Head Irish Pub in Toronto on Thursday. The Brazen Head is located just steps away from BMO Field.Sammy Kogan/The Globe and Mail
With the World Cup just weeks away, bars and restaurants in Toronto and Vancouver are preparing to lure patrons while navigating FIFA’s tricky copyright rules and avoiding the stern whip of their cities’ bylaw enforcement officers.
Both cities, in partnership with FIFA, have established “controlled areas” – a two-kilometre zone around BMO Field in Toronto and another around BC Place in Vancouver – where restrictions on advertising and promotion will be tightly controlled.
A new report from international law firm Gowling WLG aims to provide clear guidelines and clear up any confusion businesses may have around showing games and promotional campaigns.
It warns businesses against illegally pirating any soccer games, hosting any large, ticketed, FIFA-related events and associating themselves directly with the tournament.
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While the rules may sound confusing and overbearing, Aarij Wasti, partner in the entertainment and sports group at the firm and an author of the report, said most businesses probably have little to worry about.
“I don’t think they need to get too tripped up. I think even if they’ve gotten a little too close to the line and there is a conversation with the city or the task force, I don’t think it’s necessarily going to be a difficult conversation.”
In February, the City of Toronto updated its earlier released Community Activation Toolkit, which includes recommendations on how businesses in the area can avoid running into copyright trouble.
It told businesses to avoid “protected branding,” such as the phrases “FIFA World Cup” or “FWC26,” or using the tournament’s trophy or mascots in promotional campaigns. The tool kit said bylaw officers would enforce normal city bylaws. It added, “City staff may also notify affected third parties if counterfeit sales or other improper use activity is suspected.” However, it said staff will “prioritize education and co-operation.”
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Vancouver went further, introducing a new bylaw that governs the event. Among other things, the bylaw makes it easier to force businesses to remove messaging or promotional advertising that is counter to FIFA’s rules.
Mr. Wasti said messaging from municipal authorities, especially the City of Toronto, “was a little bit draconian.” Communication should have focused more on educating businesses, rather than threatening to punish them, he said.
“If I come to your house and knock on the door‚ and I say, ‘Listen, I’m watching how you’re keeping your front lawn very closely, and if I don’t see it cut the right way I’m gonna call somebody.’ That’s very different from a neighbour coming by and saying, ‘Hey, is everything okay? We noticed your grass is a little bit longer,’” he said.
Mr. Wasti said a business has crossed the line when its advertising or promotion leads the average consumer to believe the establishment is associated with the tournament in some official capacity.
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Certain images, such as the World Cup trophy, mascots or any official FIFA or tournament emblems, are off limits. He said acceptable messaging includes using country flags, the names of teams that are playing or saying World Cup instead of FIFA World Cup.
Some businesses are playing by the rules, partnering with official FIFA sponsors. The Brazen Head Irish Pub, located just steps away from BMO Field in Toronto’s Liberty Village neighbourhood, offers Michelob Ultra, an official beer sponsor of the FIFA World Cup, on tap. The bar’s general manager, Alfred Francis, said that means it doesn’t “have any issue with the marketing side on FIFA. We are able to use the logo.”
He says other restaurants in the area are doing the same thing. “Michelob Ultra has done that for a lot of restaurants in Toronto. If you walk around and if you see a Michelob Ultra umbrella, that means they’re probably getting sponsored by them and they’re gonna use the logo.”
Mr. Wasti said that any paranoia businesses are feeling has been self-created. “I think in the end we’ll see that the incident rate is quite low.”