by : Zoe Li Impressionist, Postimpressionists, Expressionists, and Surrealists, to name a few, all have claimed to reinvent art, and, in their wake, have created an uproar and palpable frenzy among collectors. For some, NFTs generate the same type of revolution, which would explain the keen interest in them: buying the first NFTs is like buying the first Monets, it’s madness! In fact, who really knows what an NFT is and what are the legal implications of its creation, sale, and acquisition? This is what we will explore in this article. What is an NFT? An NFT (non-fungible token) or.

Continue Reading

by: Fairouz Qoulaii 1. Introduction to publishing in the context of translation The translator has a very detailed knowledge of the work. He or she has the power of words to bridge two cultures, which is why the Literary Translators Association of Canada (LTAAC) promotes the art of literary translation.  Consequently, it is important that agreements between translators and publishers reflect this contribution. The Literary Translators Association of Canada (LTAC) therefore organizes various activities across the country and offers pre-established model contracts that include the rights and obligations of translators, publishers and other parties. a) The Publisher’s Role The publishing.

Continue Reading

The Montreal Artists’ Legal Clinic recognizes that it approaches this subject from a Western legal perspective rooted in a post-colonial system that has negatively affected First Nations and their rights. by Marie-Ève Frédéric Cultural heritage as defined by UNESCO exists beyond the individual or a material object. The term designates a body of knowledge and traditions in various forms as well as a whole range of creations representing a way of life transmitted from generation to generation. In the case of communities evolving on the margins of the “dominant” culture, because of the still pervasive colonial legacy, the protection of.

Continue Reading

by Benjamin Delaney If there is one sector of the entertainment industry that was not hit nearly as hard by the COVID-19 pandemic as others such as Hollywood and sports, it is video games. From blockbusters like Nintendo’s Animal Crossing: New Horizons and Sony’s The Last of Us: Part II, to independent games like Kinetic Games’ Phasmophobia, and Spiritfarer from Thunder Lotus Games, the video game industry has largely avoided the setbacks the pandemic has had on other entertainment industries. While the major studios no doubt have their own legal teams to handle the legal aspects of game development, the.

Continue Reading

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 herself, that is what is expected of actresses. However, when we move from the figurative to the literal, it is essential to stop for a moment to learn about the rights that come into play in these particular situations. In the wake of the #MeToo movement, situations have been denounced where actresses have been called upon to act out scenes of nudity, intimacy, or sexual nature in circumstances.

Continue Reading

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 notice more generalized impacts, especially in the context of artists’ contracts. Indeed, the pandemic has led to the cancellation or modification of many of these contracts. So, how does contract law deal with instances of superior force? What about COVID-19? Basic Contract Law rules Before anything else, it is important to understand a few fundamental rules in Québec contract law. First, when a valid contract is.

Continue Reading

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 the rights in question are rights in a work, for example, the right to reproduce a song. What’s in it for the licensor? The chance to make a profit and to get their work circulated more widely. Usually, the licensor will receive royalties on sales. An important advantage of a licence is that it typically allows the licensor to retain full ownership of its rights,.

Continue Reading

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 free, OnlyFans has the particularity of offering paid subscriptions, and was created for users who had exclusive content to monetize, of any kind: from art to sports training programs, cooking, and of course erotic content. As opposed to many other popular social networks, the OnlyFans do not censor nudity, an advantage that many erotic artists and/or sex workers took advantage of during the pandemic, when their source(s) of income was.

Continue Reading

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..

Continue Reading

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.

Continue Reading