Brainstorm of an Ishmaelite

Copyright

Sources and Attribution

This website uses free images from the following websites:

Pixabay

ImageSource

Foter

Stockvault

Every Stock Photo

Unrestricted Stock

This website uses images found with search engines, like Google, filtering by licence for reuse, to establish that it belongs to the public domain. The Berne Convention, to which Canada subscribes, protects copyright for the author’s life plus 50 years. Old works of art thus belong to the public domain. We can’t be responsible for what belongs to the public domain beyond such reasonable assumptions and measures.

Sources will be attributed in the format: “Title” author, date of creation, URL, Creative Commons licence, e.g., “Smoke on the Water” by Judas P, licensed under CC BY 2.0. As the following section explains, this website makes legal use of images without infringing copyright, even if they aren’t sourced. If images aren’t sourced, it’s because the source is uncertain or unavailable and the image was found in the public domain. We are in the process of sourcing all the materials on this website or replacing them with sourced materials for greater certainty.

Fair Dealing

This website uses images that are available on the public domain for private and non-commercial purposes without motive of gain. S. 29 of the Copyright Act allows use of images for the “purpose of research, private study, education, parody or satire” which constitutes “fair dealing” (the Canadian equivalent of ‘fair use’) and “does not infringe copyright.” for the  Since this website’s use of images conforms to the law, images will not be removed on request, only sourced if the source is lacking and the requester provides it.

Our policy is to attribute sources where available. However, where materials are unsourced and available on the public domain, we presume it belongs to it and is subject to fair dealing. If this website uses your material and you want the source to be attributed, please send us a kind and formal request with clear and complete proof of your identity and authorship. S. 29.1 of the Act outlines the following information as sufficient for purposes of attribution for fair dealing:

(i) author, in the case of a work,
(ii) performer, in the case of a performer’s performance,
(iii) maker, in the case of a sound recording, or
(iv) broadcaster, in the case of a communication signal (see s. 29.1 of the Act)

This means we don’t have to (1) include more information than necessary or (2) conform to requests to make different use of the material, as long as our use of it is legal.

If we can’t identify you for certain, then we can’t identify or attribute the source, which could result in misattribution. Bear in mind that we receive lots of spam, despite mechanisms to prevent it, and there’s a lot of fraud going on in Canada, especially against lawyers. Your request most likely won’t make it past the spam filter or standard of proof of attribution. As a result, we’ll most likely ignore it because the use of materials on this website is legal, non-commercial and non-promotional. Hence, there can be no reasonable claim for damages, only frivolous lawsuits, abuse of process and exploitation of clients.

Legal Notice and Spam

The website administrator will not forward or answer emails that are not solicitations from clients with legitimate inquiries. Such emails are spam pursuant to s. 6 of Canada’s Anti-Spam Legislation and will be reported. Requests for payment without reasonable notice and proof of loss or unjust enrichment constitute phishing attempts, which is a criminal offence pursuant to s. 381 of the Criminal Code. Legal threats in the form of a cease and desist or demand letter violate r. 3.2-5 of the Rules of Professional Conduct. Such threats may constitute blackmail, attempts at extortion or other tortious threats. The only legal notice we’ll accept is a kind reminder to conform to legislation with clear and complete identification of the sender and proof of damage if it’s an offer to treat. We don’t have to answer any notices if we don’t recognize the cause of action. In an age of TMI (too much information) it’s safe to assume that any legal threat or request for payment is spam or phishing if it’s rude, without notice or there’s no damage and hence no possible cause of action. These conditions apply a fortiori if the notice comes from a lawyer.