Funding Update

We’re excited to share that ALAS has been awarded a two-year Responsive Grant from the Law Foundation of Ontario (LFO), beginning March 2026.

LFO’s Responsive grants support community-led projects that improve access to justice in Ontario, including work that advances legal education, legal research, and services with legal content. Grants can support projects for up to $250,000 per year for up to two years.

This funding means we can strengthen and grow ALAS’s core programming, so more artists across Ontario can access timely legal information, practical support, and clearer pathways to next steps.

What this grant will support (2026–2028)

Over the next two years, we’ll be focusing on:

1) The ALAS Legal Clinic
We’ll continue to offer summary legal information to artists’ real-world needs, including contracts, copyright questions, payment issues, workplace concerns, and more, so artists can better understand their options and make informed decisions.

2) Legal education sessions
Public-facing sessions that translate legal concepts into plain language, designed for working artists across disciplines, and relevant to the realities of creative work.

3) Our legal resource database
We’ll keep developing and updating our resource library so that artists, legal professionals, and arts organizations can more easily find reliable information, templates, and explainers in one place.

Together, these programs help reduce confusion before it becomes conflict, and support more sustainable relationships between artists, presenters, producers, commissioners, and institutions.

Why this matters: artists and access to justice

Artists are running businesses, signing agreements, licensing work, collaborating across sectors, and navigating complex power dynamics, often without the legal infrastructure that other industries take for granted.

This grant helps us keep doing what ALAS does best: connecting artists to legal understanding and support, without gatekeeping language, and without assuming people already know the system.

It also supports the intersecting community around this work: lawyers, law students, and allied professionals who want to contribute their skills in ways that are practical, ethical, and rooted in community need.

Updates to come

One of our goals with this funding is to share progress in a way that’s easy to follow and easy to act on. Over the next two years, you can expect periodic updates on:

• Clinic improvements and what we’re learning from recurring issues

• New and refreshed resources added to the database

• Upcoming education sessions and topics

• Ways artists and legal volunteers can participate

(If you’re arriving here from our newsletter, welcome. This page will be updated as the work unfolds.)

Stay connected / calls to action

• Artists in Ontario: Keep an eye on our clinic and education pages for upcoming dates and resources.

• Lawyers & law students: If you’re interested in volunteering your time and skills, we’d love to hear from you (clinic support, session support, resource review, or other roles).

• Supporters: Sharing ALAS with your networks helps more artists find us when they need support.

Thank you to the Law Foundation of Ontario for supporting access to justice work in Ontario.

Written by Sarah Zivoin with contributions from Tony Duarte and Marian Hebb

Think before you post: Considerations when posting content on social media platforms

With the increasing popularity of social media platforms as a means for creative expression and sharing of ideas, invariably questions arise as to what right do you have in the content you post and in other content you may find online.  This article will break down factors for consideration before you post content and afterwards.

Before you post

When using mainstream social media platforms, you agree to certain terms and conditions of use.  These terms and conditions may change over time and are posted on their sites.  One common requirement to meet when posting is that you have the right to post the content.  This requirement seeks to prevent claims of copyright infringement, but there are additional concerns.  Consequently, before you post, ask yourself:

1. Does your post have content that you did not create and that may use the intellectual property or other rights of others? If yes, you may need to obtain approval from anyone who created, owns and has intellectual property or other rights to that content.  For example, if you use music in the background of a video post that was not provided and authorized for use by the social media platform, you may need to obtain permission to use copyrights in the music.  Some social media platforms may enter into mass licence agreements with the songwriters and music publishers that have the rights to a catalogue of music as well as mass licenses with the record companies that control rights to a catalogue of  sound recordings.  These mass licenses may include the music and recordings you want to use on that platform. So, if you are using music clips authorized from the social media platform, you may not need to obtain any additional permissions from the songwriters, publishers and record companies that are rightsholders – but if in doubt you should check to see whether you need to obtain a licence for such rights.  

          If creating video content, it is easy to accidentally include intellectual  property owned by others or the visible identification of individuals or              businesses simply by being unaware of what is in view.  In addition to the issue of obtaining a license to use the copyright in such things as                  photographs and paintings depicted in your video, you should also consider whether there may be invasion of privacy of individuals, whether            they are featured or are merely identifiable in the background.  Any of these kinds of use may create a need for you to either remove or                        digitally mask these in editing or obtain approval of the individuals or companies visibly identified or the logos, trademarks, or other                            intellectual property which may be reproduced within your content. 

2. Is your post for commercial or non-commercial purposes?   If your original post is a new work that uses someone else’s                                   existing work which is publicly available, Canada’s Copyright Act may shield you from a claim of copyright infringement if:

• • your post is solely for non-commercial purposes;

• • you mention the source of the existing work if it is reasonable in the circumstances to do so;

• • you reasonably believe that the existing work is not infringing copyright; and

• • your post does not have a substantial adverse effect, financial or otherwise on the existing work and is not a substitute for it.

      Whether your post is for non-commercial purposes is also relevant when using content from the media libraries on social media platforms.                The reason for this limitation is that the rights these platforms receive from the original creators or other owners of works may be                                  restricted to personal or non-commercial use on the platform.  Since the social media platforms cannot provide greater rights in the works in            their media  libraries than they themselves hold, some copyright content available to use on the platform is only for the personal use of                        platform users for non-commercial purposes. 

3. Is how you are using the content covered by the fair dealing exemption in the Copyright Act?  Using someone else’s copyright          in Canada without their permission may be considered “fair dealing” under Canada’s Copyright Act and fair dealing may be a defence to a claim        of infringement if it is for the purposes of research, private study, education, news reporting, parody or satire. The reasoning behind this                      exemption from copyright infringement – more often described as an “exception” – is that the use may be for societal benefit. When evaluating        whether the “fairness” test of fair dealing has been met, the courts will look at:

• • the purpose of the dealing (e.g., was the post for commercial or non-commercial reasons?);

• • the character of the dealing (e.g., was the post widely distributed?);

• • the amount of the dealing (e.g., how much or what proportion of the work copied is in the content of your post? – generally, the less amount of the work used, the better);

• • any alternatives to the dealing (e.g., could you have used something other than reproduced material from the work copied in your post?);

• • the nature of the work (e.g., is it factual or fictional work used in your post? – using material from a factual work is more likely to be considered fair); and

• • the effect of the dealing on the work (e.g., is there any effect on the market value of the work copied?.

      There may be other factors that help you to assess “fairness”.  It is not always easy to be objective when you consider factors that can                            make one kind of proposed use “fair” (and not an infringement of copyright) while another proposed use is unfair (and will be an                                  infringement).  Since the copyright owner has the right to take any use of fair dealing to court if they dispute it, this exception should always be          carefully and cautiously considered.  

4. Does your post contain any disparaging content? Care should be taken to avoid referencing an individual or company in a negative                 light. If your content or any content created by others which you repeat refers to an individual or company in such a manner as to lower their             reputation in the eyes of your followers or others, the individual or company may have a claim against you for defamation. 

After you post

Once you post on social media, you are still the copyright owner of your post if it is an original work and anyone who had rights in part of the content of your post will continue to retain their rights.  For example, if you use copyright content from a social media library in your post you will not gain any ownership of such content. Rather, the social media platform will continue to hold rights in that content within your post. Nor will you have the right to post your post elsewhere without getting any necessary permission.                             

Generally, the terms and conditions of social media platforms state that when you post original copyright material on its platform, you grant it a licence to use your post. Such a licence may allow the social media platform to host, use, distribute and copy your post and to create “derivative works” (i.e., works based on your work).  It will also allow other users of the platform to use your post, including copying your post and creating derivative works based on your posted copyright material. This permits re-posts, likes of your post or other interactions with your post on that platform.  

The licence granted to a social media platform for your post will last as long as you don’t delete the post from their platform.  Once you do, it does not automatically delete your content that is posted collectively with material of other users such as in a shared album or that is re-posted by others. In such instances, only when those other users delete their post from their account will your post be completely deleted.  

If you do not want your posts to potentially live indefinitely on a social media platform, you may wish to reconsider how you share your copyright content online.  For example, you may want to create a website which provides notice of your copyright to viewers.  Your website may have certain restricted areas with access through password protection which limits who can gain access to your content. This method may better protect your copyright but then has the potential to not have the exposure that you would have had on popular social media platforms.  When deciding how you want to share your copyright content, you will need to weigh these considerations and determine what is your ultimate objective. 

This article is informational and not intended as a substitute for legal advice.

Written by Sarah Zivoin with contributions from Tony Duarte and Marian Hebb.

With the increasing popularity of social media platforms as a means for creative expression and sharing of ideas, invariably questions arise as to what right do you have in the content you post and in other content you may find online.  This article will break down factors for consideration before you post content and afterwards.

Before you post

When using mainstream social media platforms, you agree to certain terms and conditions of use.  These terms and conditions may change over time and are posted on their sites.  One common requirement to meet when posting is that you have the right to post the content.  This requirement seeks to prevent claims of copyright infringement, but there are additional concerns.  Consequently, before you post, ask yourself:

1. Does your post have content that you did not create and that may use the intellectual property or other rights of others?  If yes, you may need to obtain approval from anyone who created, owns and has intellectual property or other rights to that content.  For example, if you use music in the background of a video post that was not provided and authorized for use by the social media platform, you may need to obtain permission to use copyrights in the music.  Some social media platforms may enter into mass licence agreements with the songwriters and music publishers that have the rights to a catalogue of music as well as mass licenses with the record companies that control rights to a catalogue of  sound recordings.  These mass licenses may include the music and recordings you want to use on that platform. So, if you are using music clips authorized from the social media platform, you may not need to obtain any additional permissions from the songwriters, publishers and record companies that are rightsholders – but if in doubt you should check to see whether you need to obtain a licence for such rights.  

If creating video content, it is easy to accidentally include intellectual property owned by others or the visible identification of individuals or businesses simply by being unaware of what is in view.  In addition to the issue of obtaining a license to use the copyright in such things as photographs and paintings depicted in your video, you should also consider whether there may be invasion of privacy of individuals, whether they are featured or are merely identifiable in the background.  Any of these kinds of use may create a need for you to either remove or digitally mask these in editing or obtain approval of the individuals or companies visibly identified or the logos, trademarks, or other intellectual property which may be reproduced within your content. 

2. Is your post for commercial or non-commercial purposes?   If your original post is a new work that uses someone else’s existing work which is publicly available, Canada’s Copyright Act may shield you from a claim of copyright infringement if:

• your post is solely for non-commercial purposes;

• you mention the source of the existing work if it is reasonable in the circumstances to do so;

• you reasonably believe that the existing work is not infringing copyright; and

• your post does not have a substantial adverse effect, financial or otherwise on the existing work and is not a substitute for it.

Whether your post is for non-commercial purposes is also relevant when using content from the media libraries on social media platforms.  The reason for this limitation is that the rights these platforms receive from the original creators or other owners of works may be restricted to personal or non-commercial use on the platform.  Since the social media platforms cannot provide greater rights in the works in their media libraries than they themselves hold, some copyright content available to use on the platform is only for the personal use of platform users for non-commercial purposes. 

3. Is how you are using the content covered by the fair dealing exemption in the Copyright Act?  Using someone else’s copyright in Canada without their permission may be considered “fair dealing” under Canada’s Copyright Act and fair dealing may be a defence to a claim of infringement if it is for the purposes of research, private study, education, news reporting, parody or satire. The reasoning behind this exemption from copyright infringement – more often described as an “exception” – is that the use may be for societal benefit. When evaluating whether the “fairness” test of fair dealing has been met, the courts will look at:

• the purpose of the dealing (e.g., was the post for commercial or non-commercial reasons?);

• the character of the dealing (e.g., was the post widely distributed?);

• the amount of the dealing (e.g., how much or what proportion of the work copied is in the content of your post? – generally, the less amount of the work used, the better);

• any alternatives to the dealing (e.g., could you have used something other than reproduced material from the work copied in your post?);

• the nature of the work (e.g., is it factual or fictional work used in your post? – using material from a factual work is more likely to be considered fair); and

• the effect of the dealing on the work (e.g., is there any effect on the market value of the work copied?.

There may be other factors that help you to assess “fairness”.  It is not always easy to be objective when you consider factors that can make one kind of proposed use “fair” (and not an infringement of copyright) while another proposed use is unfair (and will be an infringement).  Since the copyright owner has the right to take any use of fair dealing to court if they dispute it, this exception should always be carefully and cautiously considered.  

4. Does your post contain any disparaging content? Care should be taken to avoid referencing an individual or company in a negative light. If your content or any content created by others which you repeat refers to an individual or company in such a manner as to lower their reputation in the eyes of your followers or others, the individual or company may have a claim against you for defamation. 

After you post

Once you post on social media, you are still the copyright owner of your post if it is an original work and anyone who had rights in part of the content of your post will continue to retain their rights.  For example, if you use copyright content from a social media library in your post you will not gain any ownership of such content. Rather, the social media platform will continue to hold rights in that content within your post. Nor will you have the right to post your post elsewhere without getting any necessary permission.                             

Generally, the terms and conditions of social media platforms state that when you post original copyright material on its platform, you grant it a licence to use your post. Such a licence may allow the social media platform to host, use, distribute and copy your post and to create “derivative works” (i.e., works based on your work).  It will also allow other users of the platform to use your post, including copying your post and creating derivative works based on your posted copyright material. This permits re-posts, likes of your post or other interactions with your post on that platform.  

The licence granted to a social media platform for your post will last as long as you don’t delete the post from their platform.  Once you do, it does not automatically delete your content that is posted collectively with material of other users such as in a shared album or that is re-posted by others. In such instances, only when those other users delete their post from their account will your post be completely deleted.  

If you do not want your posts to potentially live indefinitely on a social media platform, you may wish to reconsider how you share your copyright content online.  For example, you may want to create a website which provides notice of your copyright to viewers.  Your website may have certain restricted areas with access through password protection which limits who can gain access to your content. This method may better protect your copyright but then has the potential to not have the exposure that you would have had on popular social media platforms.  When deciding how you want to share your copyright content, you will need to weigh these considerations and determine what is your ultimate objective. 

This article is informational and not intended as a substitute for legal advice.

Written by Sarah Zivoin 

What do I own now that I’ve created my masterpiece?

In addition to the physical work that you’ve created, you’ve also established various economic and non-economic rights in it which are protected under Canada’s Copyright Act in Canada and under copyright legislation elsewhere.

• Economic Rights

As the creator of an original work, you may have the right to produce, reproduce, publish, perform or telecommunicate (e.g., broadcast) any version of it as well as to authorize others to use these and other rights.  These rights may be transferred by an assignment or an exclusive licence to another person in exchange for “consideration”.  In this instance, “consideration” is legal terminology meaning something of value received by the creator in the exchange with the other person, usually money.  The Copyright Act provides that in order for this transaction to be legally binding, it needs to be in writing and signed by you as the owner of copyright or signed by another person authorized by you.   

• Non-Economic Rights

Non-economic rights, otherwise known as “moral rights”, can be broken down into two rights that you may have as the creator of an original work:

1. Right of accreditation or attribution for the work.  This is the right of the original creator of the work to be credited, if reasonable in the circumstances.   For example, you can choose to be named as its creator, to use a pseudonym or to remain anonymous. 
2. Right to maintain the integrity of the work. This right enables the original creator of the work to preserve its integrity to the extent that there will be no “prejudice” to their honour or reputation, including the authenticity of a work.  In the case of a painting, sculpture or engravings (“sculpture” and “engravings” are defined in the Copyright Act), the work may not be changed in any manner without the original creator’s permission, but a court would probably view and treat changes to some other artistic works similarly.  This right also allows you choice as to whether you want your work to be associated with products, services, causes or institutions. For example, you may be able to claim moral rights infringement if, without your permission, your work is displayed together with things that are contrary to what you would wish your work to stand for and this threatens your good name as a result.   

Why moral rights are “non-economic” is because they cannot be sold or given away.  Even if you were to sell the copyright to your work, you still retain your moral rights in it.  The only way for you to give up your moral rights is to “waive” them generally or in favour of a named person or entity.  The waiver does not need to be in writing – it may be oral or it may be implied in some circumstances.  It can be for all or some of your moral rights and for any length of time up to the end of your work’s copyright protection.    

Keep in mind that the economic and non-economic rights provided by copyright ownership are also different from the ownership of a physical work.  For example, you might sell a sculpture to someone but that does not necessarily mean that you have sold them your economic rights or waived your non-economic rights in that physical work. The buyer can sell the physical work, but whether they have acquired the right to make or sell copies of it, use photographs of it on postcards, or make any changes to it or to reproductions of it, will depend on whether that buyer also purchased the copyright or obtained a waiver of some or all of your moral rights.  Using written agreements with buyers helps to keep clear exactly what they have purchased or obtained from you. 

This article is informational and not intended as a substitute for legal advice.