What is a registered domain name? Can you sell a registered domain name? What...
Let’s say you want your own website – not a WordPress blog or a Tumblr feed, but a space just for you to promote your work. The first thing you’re going to need to do is register a domain name. A...
View ArticleRegistering your Work with the CIPO
What are the advantages to registering an artistic work with Canadian Intellectual Property Office? Copyright in a work exists automatically when an original work is created. Registering an artistic...
View ArticleCopyright Protection: Scope and Limitations
Copyright is the exclusive right to reproduce, perform, publish, display, and make adaptations of a work as well as the right to authorize any or all of these acts. If a work benefits from copyright...
View ArticleHow To Register a Trademark
Trademarks are registered with the Canadian Intellectual Property Office (“CIPO”). On CIPO’s website (http://www.cipo.ic.gc.ca/), it suggests that you before applying, prospective applicants take the...
View ArticleRights in University Research : A Guide For McGill Students
Consider the following scenario: You are a graduate student studying Music at the University of Concerto under the supervision of Mr. Trebleclef. Mr. Trebleclef helps you create what the Montreal...
View ArticleCopyright and Employment Contracts
The author of a work is, in principle, the primary owner of copyright over their work.[1] However, an employer can own rights over the works of its employee if 3 conditions are met:[2] The existence of...
View ArticleWhat You Should Know When Contracting With Music Venues
Knowing some basics about contract law may be useful for artists who are contracting with music venues. Freedom to Contract: Freedom to contract is not unlimited. A contract can create binding...
View ArticleHow Do You Organize an Arts Festival
One of the first things you might want to do when organizing an arts festival is to consider which location would suit you best. This might involve researching the local community, the demand for...
View ArticleTrademark Confusion and the Tort of Passing Off
What is trademark confusion? A trademark exists to identify the source of products and services to customers. Trademark confusion, then, occurs where a customer would be likely to confuse the source of...
View ArticleCopyright and Taking Pictures of Sculptures
Let’s say you are a sculptor. You’ve recently completed a new piece and would like to display it publicly. You show your work for a few months at a local coffee shop (with their permission, of course!)...
View ArticleMoral Rights in the Copyright Act
by Aimée Riou Under the Copyright Act, the author of a work is the first owner of the copyright in that work. It is important to know, first of all, that copyright protects two distinct types of...
View ArticleEsports: Evolving Business, Evolving Legal Questions
by Adam Bruder-Wexler In less than a decade, Esports have gone from a little more than a hobby to a multi-billion-dollar industry. Competitive video-gaming sees players compete on popular consoles...
View ArticleExceptions to Copyright Infringement
by Talia Huculak Generally speaking, copyright gives the individual who owns the rights to a work the exclusive ability to dictate how it is reproduced, performed, or published and under what...
View ArticleYouTube and Copyright Law
by Talia Huculak Using Copyright-Protected Material on YouTube In order to use any copyright-protected material in a YouTube video, whether it be music, sound effects, photos, or video clips, a video...
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Trademarks: To Register or Not to Register? That is the Question
By Caroline Schurman-Grenier If you want to get into business, you’re going to want to have your brand or company stand out. Let’s say you want to start your own production company. You’ll need a name...
View ArticleDefamation, in short
by Aude Desmartis The Charter of Human Rights and Freedoms and the Civil Code of Québec give all persons a right to a reputation. Of course, where there is a right, there is also the possibility of...
View ArticleOnlyFans Era: Online Erotica and the Law
by Catherine Forget The now famous OnlyFans web platform was born in 2016, long before the Covid-19 pandemic. Unlike other social networks, such as Facebook, Twitter, Instagram, TikTok, which are...
View ArticleLicense agreement, in brief
by Julie Aubin-Perron A licence is an agreement in which a licensor allows a licensee to use certain rights under certain conditions and for the purposes set out in the agreement. In the arts, often...
View ArticleContract Law & COVID-19: Is It Possible to Invoke Superior Force?
by Aimée Riou Since the beginning of the COVID-19 crisis, now almost a year ago, the art scene has been radically transformed. While the impact on different industries varies, it is still possible to...
View ArticleWhen the Artist Exposes Herself: The Importance of Consent
by Camille Desmarais *The feminine form will be used throughout the text but includes both actors and actresses. Social, artistic and legal context To expose herself, to give herself up, to reveal...
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