Frequently Asked Questions

If you’re facing any situation involving legal issues or uncertainties, it’s a good idea to seek legal advice. Common situations include needing a contract reviewed or drafted; setting up a business; or having questions or concerns about your rights as an artist, for example. If you’re unsure whether you need help, don’t hesitate to reach out – we can help determine what legal issues and information may apply to your situation.

No. We are not practicing lawyers. The Clinic is operated by law students enrolled at the University of Manitoba Faculty of Law. All the legal work undertaken by students is reviewed by experienced lawyers.

No. The Clinic runs on a pro bono basis, meaning our services are entirely free of charge. However, this does not mean our work isn’t high quality – we are dedicated to providing the best possible assistance we can.

The Clinic serves Artists and Creators of all types and disciplines. Whether you’re a writer, painter, musician, sculptor, beadworker, illustrator, performing artist, web designer, or an artist by any other name, we will do our best to provide legal information tailored to your specific artistic discipline. We also serve arts and cultural organizations.

Yes. We serve artists at all stages of their careers! Whether you’re just starting out or have years of experience, we can help you navigate the legalities of your work to reach your artistic goals.

The Clinic is located at the University of Manitoba in Winnipeg, Manitoba. However, our services are 100% virtual – to access our help, all you need is an Internet connection.

No. The Clinic also employs Students-at-Law in the summer (May to August). During the academic year, the clinic is operated by Students-at-Law as part of an externship course.

If we are assisting with your matter and are unable to complete it by the end of the summer or academic term, the next group of students will be able to take over.

Fill out an online intake form, and we’ll do our best to assist you. If we are not able to help with your matter, we will try to direct you to a lawyer or organization who can.

After you fill out an intake form, we’ll schedule a convenient time for you to meet online with one of our Students-at-Law. During this meeting, they will gather more details about your legal questions and issues. Every situation is different, but generally, if we believe we can assist with your matter, we will arrange additional online meetings to address your questions and work with you through our secure online portal. We may also prepare a letter summarizing all the information we provide, so you’ll have a written record for future reference.

Our clinic provides assistance with various legal matters, including the following:

• Reviewing a contract you’ve been given or that you’ve drafted yourself;
• Drafting a new and personalized contract;
• Starting a new business (including freelance work) and choosing a business structure;
• Copyrighting your work and protecting your work from infringement;
• What to do if you think someone has stolen or misused your art;
• What to do if someone hasn’t paid you for your work;
• Drafting a will;
• And much more!

Unfortunately, the Manitoba Legal Clinic for the Arts is unable to assist in the following situations:

• You already have a lawyer assisting with your question or issue;
• Your matter involves litigation or a dispute with another party;
• Your matter falls outside the legal jurisdiction of Manitoba;
• Your matter involves a conflict of interest;
• Your matter involves debt collection;
• Your matter involves a trust account (e.g. the purchase or sale of a business, real estate, or other conveyance;
• Your matter involves drafting financial statements or any sort of supporting financial documents upon which others may rely.

Read it! It is important that you understand everything that you are agreeing to. Reading contracts can be difficult, so it is best to have a legal professional review any contract before you sign it. This ensures you understand all the terms and conditions and helps protect your rights and interests. Additionally, it may be helpful to speak with industry professionals and/or organizations to get a better idea of what is considered industry standard for your field.

We would be happy to help you interpret a legal document! Simply fill out an online intake form to set up an initial appointment. In the meantime, you may find it helpful to read our Fact Sheet on Contracts.

Copyright protects creative expression. Trademarks protect unique and distinguishable combinations of letters, words, sounds or designs (like a brand name or symbol) so that consumers can tell different businesses and goods apart. Patents are concerned with protecting inventions.

Copyright is a bundle of legal rights, including the right to produce, reproduce, publish, or perform an original literary, artistic, dramatic or musical work. Generally, copyright arises automatically in Canada when you create an original work. An exception to this rule is if the work is created for an employer, in which case the employer usually owns the copyright (unless there is a verbal or written agreement stating otherwise; or if there is evidence showing that an independent contractor/freelancer relationship existed, rather than an employment relationship). If someone else wishes to use a copyrighted work, they must obtain permission from the copyright owner. Additionally, copyright owners have the option to sell some or all of their rights.

No. You automatically hold copyright to your original work once it is created. However, there are scenarios in which you might want to register your copyright. When you register, you receive a certificate from the Canadian Intellectual Property Office, which can serve as evidence of ownership and make it easier to enforce your rights against infringement. Our Clinic can help you decide whether to register your copyright or not.

The copyright owner has the responsibility of enforcing their copyright. The actions you can take to protect your copyrights depend on the situation.

If the use of your art clearly falls under a fair dealing exception (such as research or parody), there is likely not much you can do because these uses are protected by law.

If your art has been published without your permission, you can contact the person (or social media website) directly and ask them to remove your work. Our Clinic can assist in drafting a “cease and desist” letter which you can send to such persons.

It is often helpful to collect evidence that supports your claim, including screenshots, drafts, notes, emails, a registration certificate from the Canadian Intellectual Property Office (if you have one), and any other records that show the creation and development of your work.

You also have the option to pursue a civil lawsuit against the infringer to stop their unauthorized use of your work, which may result in the court ordering monetary damages to be paid to you by the infringing party. However, people often choose litigation as a last resort due to the time and cost involved. Please note that the Clinic cannot provide assistance with litigation.

Copyright cannot protect ideas, concepts, or facts. Only the specific expression of ideas, fixed in a tangible form (like a written text, recorded song, or painting), can be copyrighted.

This means, for example, that two screenwriters can develop projects about the same story idea (like time travel during an apocalypse) because ideas cannot be copyrighted. However, the writers’ original expressions about the idea (such as characters and plot details), which have been recorded in a tangible form (like a script or detailed synopsis), are protected by copyright. Generally, the more developed your expression is, the better protection you will have.

When sharing your ideas, you can use non-disclosure agreements (NDAs) to ensure the recipient maintains the confidentiality of information you share with them. You can also document the development of your idea and any discussions about it to create a record of your ownership and the concept’s evolution.

Our Clinic can help write a “demand letter” for you to send to the person who owes you money, formally requesting compensation for your work. We may also help reduce the likelihood that this issue will arise in the future by drafting a contract that clearly sets out both parties’ rights and responsibilities in advance of work being performed.

Generally, if two or more artists collaborate in creating a work, they will have “joint authorship”. This means that the artists jointly own the copyright to the work and must reach agreement on all decisions regarding the use of the work. For example, if one artist writes lyrics to a song and another artist composes music for it, neither artist can decide to make the song available online without the other artist’s permission. However, the “joint authorship” rule may not apply if the artists have signed an agreement stating otherwise.

If you are thinking of starting a creative project with other artists, our Clinic can help draft a “collaboration agreement” before you begin work. This agreement can clarify matters such as each artist’s ownership of copyright, who will be involved in making business and creative decisions, and how each artist may use the work.

If you create art for an employer, the employer usually owns the copyright to your work. An exception exists if there’s a verbal or written agreement stating otherwise, or if there is evidence that an independent contractor/freelancer relationship existed (rather than an employment relationship). The answer to whether or not you had an employment relationship may depend on various factors, which our Clinic can help you to assess.

Regardless of who owns the copyright, as the creator, you retain moral rights to your work (unless you agree to waive these rights). Moral rights include the following:

• Attribution rights: the right to attach your name to a work (such as including your signature on a painting, or receiving credit in a film);
• Association rights: being able to choose in what contexts, and alongside what other works or causes, your work may be used;
• Integrity rights: the right to protect the intended meaning of your work, including preventing your work from being altered without your permission.

Seventy years after an artist’s death, their work enters the public domain and is available for anyone to use. Before then, you will likely need to obtain the artist’s permission to use their work in your art.

Fair dealing refers to the allowable use of a copyrighted work without having to seek the permission of the copyright owner – in other words, it is the exception to copyright infringement. This may include using the work for research, private study, education, parody, or satire.

The “10% rule” is a commonly misunderstood guideline which suggests that using less than 10% of a copyrighted work is considered fair dealing, especially in educational or research contexts. While using a small portion of a work may weigh in favor of fair dealing, it is just one consideration among many in determining whether the use is permissible under copyright law. Fair use is highly contextual and relies on various factors, including:

• the amount of the work used (while not determinative, the less you use of another’s work, the less likely you would be considered infringing that work);
• whether alternatives are available to using the original work;
• whether the original work has been published or is confidential;
• whether your work competes with the original work; and
• other factors.
  
  

Each case is assessed on its own merits, and there are no strict quantitative rules like the “10% rule” that definitively determine whether a particular use qualifies as fair dealing,

For tax-related questions, we recommend speaking with an accountant, as this falls outside of the scope of the services the Clinic can provide.

• Volunteer: Are you a lawyer interested in volunteering to help Manitoban artists succeed? Please fill out a Volunteer Intake Form today!
• Donate: Consider making a donation! Click here to learn about how your gift can make an impact by training the next generation of problem solvers and empowering change.
• Engage with local art: Support artists by experiencing local art! Buy a painting or craft, see a play or independent movie, attend a dance or musical performance, or visit a gallery – the options are endless!
• Compensate artists fairly: If you hire an artist for any service – such as creating art, delivering a presentation, or exhibiting their work – make sure to pay them fairly. Online guidelines are available that can help you determine appropriate compensation: for example, the Independent Media Arts Alliance (IMAA) publishes a yearly guide. Determining fair payment might take some time and research, but it’s worth it to help maintain a sustainable and thriving arts community in Manitoba!
• Speak up for artists: The Manitoba Legal Clinic for the Arts maintains an active social media presence. We post links to petitions, letter-writing campaigns, and other projects that you can support to advocate for artists.