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21 December

Defamation, in short

Designer, Discipline, Filmmaker, Musician, Photographer, Visual Artist, 21 December 2020

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 infringing it. We are, of course, talking about defamation. What is defamation? Defamation, in Quebec law, is a civil law concept, meaning not criminal. Typically, to be held responsible under civil law, all three of the following elements must be found: a fault (a person has done something wrongful), a harm to another, and a causal link between the fault and the harm..

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14 December

Trademarks: To Register or Not to Register? That is the Question

Designer, Discipline, Filmmaker, Musician, Photographer, Trademarks, Visual Artist, 14 December 2020

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 and maybe even a design that differentiates your company from the others; when people see it, they immediately associate it with your company. Think Coco Chanel, Nike or even St-Hubert Barbecue. When we see their logo, name or slogan, we know what we’re dealing with. So what are those all called? They’re called a trademark and can be very important for anyone who wants.

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30 November

YouTube and Copyright Law

Copyright, Designer, Discipline, Filmmaker, Musician, Photographer, Visual Artist, 30 November 2020

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 creator must first obtain permission or a license from the work’s copyright holder. The copyright holder is the person or company who owns the rights of copyright in the work, and will not necessarily be the artist or performer of that work. Permission to use a copyrighted work is required even if: You give the copyright holder credit in your video; You do not intend to make money from.

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20 November

Exceptions to Copyright Infringement

Copyright, Designer, Discipline, Filmmaker, Musician, Photographer, Visual Artist, 20 November 2020

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 conditions. However, there are certain exceptions to this rule under the Canadian Copyright Act. Underpinning these exceptions is the recognition in Canadian copyright law that users’ and creators’ rights are equally important. Fair Dealing Provision Fair Dealing is an exception that allows individuals to use copyright-protected materials under two conditions: (1) Purpose of Use Firstly, the use of the copyright-protected materials must be for one of the following purposes:.

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16 November

Esports: Evolving Business, Evolving Legal Questions

Contracts, Copyright, Designer, Discipline, Musician, Photographer, Visual Artist, 16 November 2020

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 such as the XBOX, PlayStation and via computer. Games such as Fortnite, League of Legends, CS-GO and Call of Duty attract millions of players from around the world. With its growing fan base and rising popularity, Esports has become a staple source of entertainment in South Korea and China and has seen huge growths in the U.S and across Europe. As competitive gaming continues to become more mainstream the rest.

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9 November

Moral Rights in the Copyright Act

Copyright, Designer, Discipline, Filmmaker, Musician, Photographer, Visual Artist, 9 November 2020

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 rights: economic rights and moral rights. Economic rights belong to the owner of the copyright. That can be the author of the work of course, but it could also be a third party if the author has decided to sell the economic rights. Another “copyright”? In the case of moral rights, they belong to the author of the work, no matter if they.

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18 January

Trademark Confusion and the Tort of Passing Off

Designer, Discipline, Filmmaker, Musician, Photographer, Trademarks, Visual Artist, 18 January 2016

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.

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9 February

How Do You Organize an Arts Festival

Contracts, Designer, Discipline, Filmmaker, Musician, Photographer, Visual Artist, 9 February 2015

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.

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9 February

Copyright and Employment Contracts

Contracts, Designer, Discipline, Filmmaker, Musician, Photographer, Visual Artist, 9 February 2015

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 an employment contract The creation of a work in the course of employment The absence of a contract stipulating otherwise 1. The Existence of an Employment Contract The Copyright Act requires there to be a “contract of service or apprenticeship” for the employer to retain rights over works produced by employees – i.e. there must a contract where an employee (or apprentice) offers their services to an.

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9 February

Rights in University Research : A Guide For McGill Students

Contracts, Copyright, Designer, Discipline, Filmmaker, Musician, Photographer, Visual Artist, 9 February 2015

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 Gazette has deemed “the most outstanding musical work since Beethoven.” They name you as the creator of the work. What rights does Mr. Trebleclef have to the music in question? Does the University have any rights to the music in question? What if the University funded the project or provided you and Mr. Trebleclef with the necessary equipment to engage in this project? The scenario above confirms how complex intellectual.

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  • Talk to someone
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