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.

Continue Reading

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.

Continue Reading

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.

Continue Reading

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.

Continue Reading

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.

Continue Reading

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.

Continue Reading

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.

Continue Reading

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 following two steps: (1) consult CIPO’s Guide to Trademarks and (2) consult their guide to the trademarks application process. This fact sheet will summarize the details of the aforementioned two steps. Guide to Trademarks To register a trademark, one must first understand what a trademark is. As per CIPO’s website, “trademarks may be one or a combination of words, sounds or designs used to distinguish the goods or services of one person or organization from those.

Continue Reading

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 protection, then the author or copyright holder can normally exercise their right to exclude others engaging in unauthorized acts (known as copyright infringement). In order to fall within the scope of copyright, a work must meet certain requirements stated in the Copyright Act and interpreted by Canadian courts. The work must be original →The work must originate from an author and show an exercise of that author’s.

Continue Reading

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 work is not a mandatory procedure for a work to be protected by copyright. However, a certificate of registration with the CIPO is evidence that your creation is protected by copyright and that you, the person registered, are the presumed owner. It can be used in court as evidence of ownership. The Canadian Intellectual Property Office (CIPO) is a special Operating Agency associated with Industry Canada. Their offices are responsible for.

Continue Reading