legal – mackaycartoons

Friday October 14, 2016

October 13, 2016 by Graeme MacKay

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Friday October 14, 2016

Harvest Picnic organizer sues talent agency, performers, for millions

The organizer of the annual Harvest Picnic music festival has filed a lawsuit against one of Canada’s largest talent agencies, as well as musical acts Jann Arden, Johnny Reid and the Cowboy Junkies, seeking more than $26 million in damages due to breach of contract.

The lawsuit also says both the Harvest Picnic and the annual Hamilton Music Awards are in danger of collapsing.

September 10, 2016

Local promoter Jean Paul Gauthier alleges The Feldman Agency, based in Toronto and Vancouver, Reid and the Cowboy Junkies both breached contract provisions preventing them from playing within a certain radius of Hamilton within 90 days of the Aug. 26 to 28 Harvest Picnic at Christie Lake Conservation Area. His claims against Arden relate to concert date announcements.

Feldman acted as the booking agency for those festival acts.

The allegations, which have not been tested in court, were made in a 15-page statement of claim filed in Ontario Superior Court under Gauthier’s company, September Seventh Entertainment, which also runs the annual Hamilton Music Awards.

“The events that September Seventh produces and owns, namely the Harvest Picnic and Hamilton Music Awards, are now at great risk of ceasing to exist due to the unconscionable conduct, high-handed conduct or conduct in bad faith and breaches of contract by the defendants,” the statement of claim says.

This year the Harvest Picnic expanded from one to three days. Crowds were noticeably lower than the previous five years.

Meanwhile, several artists, many of them local, have said they have not been paid by Gauthier.

August 24, 2013

“I got a bounced cheque,” said Hamilton singer-songwriter Tomi Swick, who performed twice at the festival. “It’s a sad situation. (Gauthier) has always been pretty good to me. It was a good festival.”

Other musicians who have not yet been paid by the festival include the Toronto-based band The Rheostatics, Hamilton singer-songwriter Lori Yates and Hamilton native Jeremy Fisher.

“I honestly feel bad for (Gauthier),” said Fisher’s manager Mike Renaud, owner of Hamilton-based Hidden Pony Records. “I think he just got in over his head. I don’t think he’s a malicious person. But I don’t think this (filing a lawsuit) is the best way to handle it.”

Calls and emails to Gauthier were not returned. A representative of The Feldman Agency offered The Spectator no comment on the lawsuit, but Feldman president Jeff Craib told CBC News that it was “frivolous and vexatious.”

In a statement emailed to The Spectator, The Rheostatics said the band felt “let down.” (Continued: Hamilton Spectator)

Hearing from the Lawyers

May 13, 2016 by Graeme MacKay

Through my website I offer for sale some of my cartoons on a variety of products from t-shirts to coffee cups. It’s mainly a means to get my work out beyond the newspapers and put a few coins in my pocket. To do this I use the company Redbubble.com to manufacture and send out the swag. All I have to do is upload images, adjust how they’ll appear, and add relevant descriptions and keywords. Every month, I get a tiny royalty knowing which images sold, on what products, and on which continent.

It’s all quite fun until work is removed due to a charge of violating Redbubble’s IP/Publicity Rights Policy. Which happened to me when the Content Team sent the following email informing me of a complaint received by WN Music Company, LLC, regarding my caricature of Willie Nelson:

It’s a form letter so I’m not sure if the violation is using the lyric “Always on my mind”, or merely capitalizing on the Willie Nelson brand. Whatever the case I sense a mixture of emotions ranging from feeling like a criminal for looting Willie Nelson’s stash and besmirching his reputation, to being oppressed by big Music for freely expressing my admiration for a legend in a whimsical little doodle.

After a bit of reflection the position I find myself feeling is somewhere in the middle. As a cartoonist, I’ve had my own experience of others taking my work and repurposing it for their own benefit. I’m assuming the lawyers don’t like my use of the lyric, and the image was just the kicker in its eradication from the Redbubble site. The same sort of thing happened to another swag creator when lawyers for Taylor Swift sent a cease and desist letter for using her song lyrics on a coffee cup

The legal department at Redbubble.com must deal with a horrendous amount of copyright infringement complaints and a casual look through will find blatant rip offs of other artists and brands. It’s impossible for Redbubble to properly regulate until complaints are filed, and when they are it’s way easier for them to remove the offending item and not get involved in the legal wrangling that might ensue between the two parties.

While the free speech/expresionist instinct kicked in and I thought about removing the lyric and reposting the caricature as “Nillie Welson”, it’s not a sword I’m willing to fall on. It’s one thing to use the caricature of public personality in an editorial cartoon printed in a newspaper, and quite another to make money on that personality’s image.

Victory for the Willie Nelson brand, I suppose, and I’ll still enjoy his music.

Saturday April 25, 2015

April 24, 2015 by Graeme MacKay

Editorial cartoon by Graeme MacKay, The Hamilton Spectator – Saturday April 25, 2015

Canada Post strikes back in mailbox battle

Canada Post has asked the courts to strike down Hamilton’s mailbox installation bylaw the day after eight charges were laid under the new rules.

Canada Post spokesperson Jon Hamilton said the legal counter-move came after the agency received a city order to stop ongoing installation of the controversial community mailboxes based on the recently passed bylaw.

He said he wasn’t aware of any charges under the bylaw, but added a hearing to consider Canada Post’s application is scheduled for April 28.

City spokesperson Mike Kirkopoulos said Friday eight charges related to three unidentified mailbox locations were sworn late Thursday – six against Canada Post and two against a subcontractor, SNC Lavalin.

He couldn’t immediately comment on what the latest court filing means to the city.

“We regret that court action is necessary … but we’re at a point where we need to continue to move forward,” said Hamilton, noting, the agency has been in contact with the city since last June over the planned installations.

The legal battle started when the city enacted a new bylaw earlier this month that requires the Crown corporation to apply for a $200 permit for each of an estimated 4,000 community mailboxes meant to replace door-to-door mail delivery in Hamilton.

Council followed up on Wednesday by asking its lawyers to file a court application to “restrain” ongoing installation by Canada Post. The agency’s counter-move appears to have been filed first, however.

Canada Post has argued from the get-go its federal mandate trumps municipal bylaws and installation of the first of 1,000 mailboxes on the Mountain began last Friday. (Source: Hamilton Spectator)

Friday January 13, 2012

January 13, 2012 by Graeme MacKay

By Graeme MacKay, The Hamilton Spectator, Friday January 13, 2012

Conservatives suggest divorce law could be revised

The federal Conservative government suggested Thursday it will revisit the federal divorce law to see how to more easily dissolve the same-sex marriages of couples who married here but cannot get a divorce abroad.

Justice Minister Rob Nicholson tried to defuse a growing controversy with a potentially wide-ranging gambit.

It was unclear if the government would also ease residency requirements for divorce for all couples, or would just move to address the need of couples who can’t end their Canadian same-sex marriages abroad.

2011-2015

The move came after revelations that a senior counsel for the federal justice department had opposed a same-sex divorce by arguing firstly that same-sex marriages performed in Canada aren’t “legally valid” unless also recognized by a couple’s home country or state.

Lawyer Sean Gaudet argued secondly that the couple — who married in Toronto in December 2005 and separated two years ago — didn’t meet Canada’s one-year residency requirement (that all couples face) for a divorce. One lives in Florida, the other in the U.K.

It was his first argument that caused a firestorm of public reaction on news websites, and led to charges by opposition critics the government was moving to undo same-sex marriage “by stealth,” as Liberal interim leader Bob Rae put it.

The revelations in a Globe and Mail story blindsided the Prime Minister at a news conference in Halifax.

Stephen Harper said it was news to him and muttered he was not interested in re-opening the gay marriage debate. (Source: Toronto Star)

Letters to the editor.