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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!) and get great reviews. A month later, however, in a different coffee shop, you see a photograph of your sculpture, taken by another local artist, hanging on the wall. As the creator of the sculpture, the main law you should be consulting is the CopyRight Act: Section 3. This article explains that as the owner of the copyright in the sculpture, you have.
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 particular products or services with another source – for example, by assuming that someone’s products and services are actually provided by someone else. Section 6 of the Trade-marks Act says that trademark confusion occurs where “both trade-marks in the same area would be likely to lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same.
Incorporated bands In order to properly understand what happens when an incorporated band splits, one must first understand a little bit about how bands become incorporated in the first place. Oftentimes, as bands become “bigger” (i.e. more popular or recognized), they make the decision to incorporate, creating a legal entity separate from the band members themselves. This might be done for a number of reasons and has a number of advantages and disadvantages that come with it. An advantage might include, for example, that corporations are subjet to more tax benefits than a physical person, whereas a disadvantage might include.
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 festivals, contacting local artists or other participants, considering what other events already exist, and finding a suitable venue. From a legal standpoint, you may have to consider a number of factors. One thing to keep in mind is to make sure you are in compliance with the laws and by-laws of the jurisdiction your festival is situated within. For example, the regulations concerning noise and other.
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 obligations (1433 CcQ), but one that is validly formed binds the parties who have entered into it “not only as to what they have expressed in it but also as to what is incident to it according to its nature and in conformity with usage, equity or law” (1434 CcQ). Moreover, a contract whose “cause” or “object” is prohibited by law or contrary to public order is null (1411.