What are unpaid interns? Unpaid interns, as the name suggests, are workers who carry out their work for free. As the Employment Standards Act (ESA), will often necessitate that employers pay their employees at least a minimum wage, unpaid internships are unlawful; unless the worker is either not an employee or an employee that is Read More …
A constructive dismissal is when an employee is entitled to resign as a result of their employer creating a hostile work environment. This may occur when an employer breaches the implied term of their contract that requires them to treat their employees with decency, civility, respect and dignity. The Court is most likely to find Read More …
To determine whether someone is an employee or an independent contractor, there are several tests and factors considered. First, there is the ‘four-fold’ test: Control Ownership of the tools Chance of profit Risk of loss Second, there is the business integration test, which looks at whether the work done is an integral part of the Read More …
Labour and employment law are different. Labour law deals with those who are in unions. Employment Definition The Employment Standards Act, which outlines the minimum rights and obligations of employers and employees in Ontario, defines an ‘employee’ as: “employee” includes, (a) a person, including an officer of a corporation, who performs work for an employer Read More …
I’m working on a film based on a book that is in the public domain in Canada, but not in the public domain in the United States. I plan to release my film on the Internet (YouTube and Vevo). I am Canadian and will create this film entirely in Canada. Will there be a copyright Read More …
“My film partner and I came up with the idea for a film and wrote the script together. But during casting we had a fight and fell apart and now he wants to stop this film from going forward altogether. I still want to continue but he says half the project belongs to him and Read More …
“I did an interview with a guest for my podcast/film which they agreed to. Now I’m just editing and putting the interview together but all of a sudden, they emailed me and said they want a whole portion of the interview taken out. But that part is important to my film. Do I have to Read More …
“Who owns the copyright to my podcast if I have a guest on and we both talk? Do I own the whole copyright or does my guest own the copyright for everything she says and I own the copyright for the stuff I say? Do I need permission to sell or distribute the podcast?” If Read More …
“Can I use commercial music, like one minute of the instrumental remix of a Jay Z track, as the theme song for my podcast?” In this case it is very likely that you will need permission for this. Unless you’re using the track for educational, research, parody, criticism, or other fair dealing uses then you Read More …
“How does “fair dealing” apply to playing music on my podcast? If I have a guest who says a song really affected him as a child and how he developed as an artist, can we listen to the song together and discuss it on air?” As a general rule of thumb, if your use of Read More …