Canadian Freelance Union

Workshop: Writing is a business

By: Michael O'Reilly, President April 25 2012

Contracts, Negotiating skills & the use of Small Claims Courts

When: Friday, June 17th from 8:30 a.m. to 2:30 p.m.
Where: Montreal, QC. Concordia University, SGW Campus, John Molson School of Business ("GM Building" on campus maps), 1550 De Maisonneuve Ouest, Montreal.
Cost: $100+HST for CFU & PWAC members ($150+HST for nonmembers)

Seating is limited to the first 25 registrants. A light breakfast and lunch are included.

The Canadian Freelance Union, in cooperation with PWAC (Professional Writers Association of Canada) and Golden Coast (video production) are co-sponsoring a day-long business workshop covering contracts, negotiation skills, and the use of small claims courts.

To reserve a spot now, please contact CFU President Michael OReilly: CFUPresident@cfunion.ca.

Freelance Contracts with Claude Brunet & Warren Sheffer
This segment will delve deeply into the contracting process. We will examine actual examples of current contracts in detail and outline the key clauses and their effects. We will also provide coaching on how to construct your own contract, explore how contracts might be amended in the negotiation process and provide models for the handling of electronic rights.

Negotiating for Yourself with Christine Kelsey
This segment will enhance your understanding of the practice of negotiation and discover how effective negotiation can best work for you in obtaining favourable terms. We will cover the general principles and styles of bargaining including Positional Bargaining, Principled Bargaining, Rights-based and Interest based. We will explore how and why the negotiation process can successfully produce writer/publisher agreements and practical negotiating skills including participation in a negotiation exercise. This segment also covers approaches to mediation and arbitration when there is a dispute over negotiated terms.

Using Small Claims Court with Warren Sheffer
This segment will provide an overview of the steps involved in bringing a claim with a view to resolving contractual disputes. There will be discussion on gathering documentary evidence, and drafting and serving claims, as well as, preparing offers-to-settle and tips for how to conduct yourself during settlement conferences and trials. It will include case study, and an examination of certain rules of procedure common in different jurisdictions across the country.

Speakers' bios:

Claude Brunet is a senior partner in the law firm of Ogilvy Renault and has acted as counsel for the Composers, Authors and Publishers Association of Canada (CAPAC) (now SOCAN). Mr. Brunet specializes in Intellectual Property and Communications, particularly in copyright, cultural industries (music, books and motion pictures) communication industries (broadcasting, software, Internet), and applications to the Copyright Board. In 1976, he co-authored with Frank Keyes Copyright in Canada: Proposals for a Revision of the Law, a seminal work that became the basis of the 1988 and 1993 amendments to the Copyright Act. In 1985, he acted as legal advisor to the House of Commons Sub-Committee on Copyright which produced the Charter of Rights for Creators. In 1999, the world's first copyright collective SACD (France) awarded him the Médaille Beaumarchais for his contribution to the advancement of copyright.

Christine Kelsey is a Workplace Fairness Analyst with Toronto's Workplace Fairness Institute, where she conducts assessments into sources of workplace conflict to identify improvements in conflict prevention and management. Prior to being an analyst, Chris worked for over twenty years for the Alliance of Canadian Cinema, Television & Radio Artists (ACTRA) in various positions including Manager and Assistant Director (ACTRA Performers' Rights Society. She has comprehensive experience and knowledge in the negotiation of artists' rights and independent contracting. She is a member of the ADR Institute of Ontario and is trained as a mediator with Dispute Resolution certification from York University, specializing in mediation, conflict and alternative dispute resolution (ADR) for the workplace.

Warren Sheffer is engaged in a broad intellectual property and business law practice at the firm Hebb & Sheffer. In addition to his LL.B., he holds a B.A. in Economics, a M.A. in History and a Professional Specialization Certificate in International Intellectual Property Law. Warren began his legal career at Fasken Martineau LLP (1999-2004) and was formerly legal counsel to the Canadian Copyright Licensing Agency (2004-2006). He currently serves as duty counsel at Artists' Legal Advice Services (ALAS), a not-for-profit summary legal advice clinic in Toronto that serves artists of all disciplines. Warren is a founding director of the Access Copyright Foundation and the chair of the Queen West Art Crawl corporation. Among other professional associations, he provides advice to the Grievance Committee of The Writers' Union of Canada and copyright counsel to the Alliance of Canadian Cinema, Television & Radio Artists (ACTRA) Performers' Rights Society.