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Copyright Issues for Digital Projects
Image, Text, Sound & Technology: A Symposium on Digital
Text Editing
Carol ShepstoneHead, Access Services Division
University of Saskatchewan [email protected]
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Disclaimer
not a lawyer not providing legal advice
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Overview
Canadian Copyright Act – short history
International Copyright Standards Key definitions and concepts Seeking permissions Copyright for your project Questions
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Canadian Copyright Legislation
Copyright Act - 1924 1988 Bill C-60
(end of phase I reform) 1997 Bill C-32
(end of phase II reform) current copyright reform
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International Copyright Conventions
no international copyright legislation conventions set minimum standards for
member countries to use in legislation Berne Convention, Universal Copyright
Convention, Rome Convention, WIPO Digital Treaties
ensures authors are protected in other countries – must afford others same protection as citizens
international Trade Agreements also have impact on aspects of intellectual property and copyright
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The Basics
copyright holders protected rights protected categories of work general rules - duration specific exceptions
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Key Concepts
original creator or author of a work is the first owner of copyright (with some exceptions)
copyright is automatic, no registration is required in Canada
owning the item does not mean you own copyright
law does not distinguish between commercial and non-commercial uses
law of the country in which you are exploiting the work is the law that matters…if the countries have copyright relations
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Copyright…
more than just the “right to copy”
sole and exclusive right to control the use of the work and benefit from its exploitation
publish, produce, perform, convert, reproduce, communicate, adapt, translate, present, etc.
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What is a Work?
expression of an idea published or unpublished criteria of a work
must be “fixed” in some form originality nationality of creator and place of
publication
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Protected Categories of Works
literary works books, letters, pamphlets, emails, memos, lectures,
articles, translations, computer programs, tables of statistics
dramatic works choreographic work, mime, recitation, acting form,
scripts, plays musical works
compositions, songs, sheet music, lyrics, arrangement or adaptation (not same as sound recordings)
artistic works paintings, drawings, engravings, prints,
photographs, handicrafts, architectural works, illustrations
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Non-Traditional “Works”
Aka..”other subject-matter”
performers’ performances can be live or “fixed”
sound recordings music, drama,
lectures, spoken-word, ocean waves
communications / broadcasts radio and television
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Some Other Types of Works
collective works distinct parts by different authors
compilations gathering of material from a variety of
sources new media projects, databases
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Protected Rights
economic rights moral rights neighbouring rights
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Economic Rights
author/creator is the first owner of copyright duration
“general rule”- life of author +50 years (=public domain)
copyright can be held by or transferred to others
rights include: reproduction, public performance, publication, adaptation, translation, telecommunication to public, prohibit importation, right of authorization
rights of reproduction ”substantial part” of work
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Moral Rights
paternity claim authorship; remain anonymous; use
pseudonym integrity
prevent changes to work and reputation association
prevent work being used in conjunction with a cause or business
duration life of author +50 years… and beyond – passes to
heirs, even if not inherit copyright can’t sell or transfer can be waived in Canada
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Neighbouring Rights
rights of performers and producers of sound recordings (and broadcasters)
control reproduction and re-broadcasting
duration 50 years following first “fixation” or
broadcast
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Layering of Rights
examples newspapers photo of an piece
of art 1945 sound
recording
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Duration of copyright
general rule life of author + 50 years = public
domain from end of calendar year of death,
to end of the 50th year -- January 1st XXXX
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Except in the case of…
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Except in the case of…
photographs author is owner of negative or plate not
necessarily photographer author as a corporation
remainder of calendar year from point negative / plate made +50 years
commission photograph copyright belongs to the person who
commissioned work – provided they paid general rule applies
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Except in the case of…
employees work created by an employee in
course of work then employer owns copyright +50 years from time of creation
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Except in the case of…
unknown authors/creators remainder of the calendar from time
of publication +50 years remainder of calendar year from
time of making +75 years which ever term ends first
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Except in the case of…
personal/ home movies prior to January 1, 1994 author is the
owner of the negative or video at time it was made life of author +50 years
after January 1, 1994, person who created work +50 years following year of publication
dramatic cinematographic works life of author +50 years
if not published, 50 years after creation
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Except in the case of…
posthumous works unpublished in author’s lifetime
duration of copyright depends on date of creation (+50)
already made public since author’s death year work first published +50
others, depend on when author died 1997 rule
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Exceptions in the Act
fair dealing substantial part of work for educational institutions, libraries,
museums and archives
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Fair Dealing
may not need clearance when falls under terms of fair dealing
only applicable for purposes of private study or research, criticism or review (source and name of author are properly attributed)
use of “substantial portion” of the work not fair dealing
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“Substantial Part”
permission for reproduction or copying required only for a “substantial part” of work
Courts consider… quantity
how much of the original work
quality the “importance”
of the part copied
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Exceptions
Act provides exceptions exist for educational institutions, libraries, museums, archives related to carrying out the daily
business of the institution single copies individual study and research management of collections
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Digital Projects
Where to start?
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Copyright and New Media
“new media” employs digital technology to include elements of graphics, text, video, sound, still images, data, and others into a single work
complex process for obtaining copyright permissions
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often incorporate existing works complex layering of rights moral rights may be a concern licencing costs unknown and
without guidelines more creator concern about losing
control when digital technologies involved
may require “international” permissions, both for content and distribution
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Checklist for Permissions Are you using a work or other subject-matter protected by
copyright? Is the duration of copyright still running or is it in the public
domain? Is it an adaptation or translation of a public domain piece? Are you using a substantial portion of that work or other subject-
matter? Are you using it in the copyright sense by reproducing it, perhaps
electronically, performing it in public, adapting it broadcasting it, etc.?
Is there an exception in the law that permits you to use that work or other subject-matter without obtaining permission?
Are you modifying the work in a manner that may be prejudicial to the honour or reputation of the creator?
Does the author’s name appear in association with the work?
Taken from: Harris, Lesley Ellen. 2001 Canadian Copyright Law: The Indispensable guide for Publishers, Web Professionals, Writers, Artists, Filmmakers, Teachers, Librarians, Archivists, Curators, Lawyer, and Business People.
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Who to Ask
author/creator other holder of copyright – publisher,
corporate body anyone with neighbouring rights
watch for contractual agreements contact appropriate collectives
SOCAN, AccessCopyright, etc. check the copyright register
Intellectual Property Office if can’t locate….
Canadian Copyright Board
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Securing Authorization
put it in writing describe the work you are creating identify the part of the work you want to exploit ultimate purpose of work (educational CD-rom,
website) indicate amount of work to use in relationship
to larger whole type of distribution (Internet, CD, etc.) size of run, number of site visits, etc. why they should authorize use put it in writing (contract)
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Copyright for your works
Copyright in Canada is automatic © not required but recommended as a
reminder mark provided under Universal
Copyright Convention and will provide protection in those countries that are members
Intellectual Property Office for registration
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Recommended Guides
Daniel, Johanne. A Practical Guide on Copyright Clearance for New Media Producershttp://www.canadianheritage.gc.ca/progs/ac-ca/pubs/ic-ci/pubs/copymm_e.htm
Harris, Lesley Ellen. 2001. Canadian Copyright Law: The Indispensable Guide for Publishers, Web Professionals, Writers, Artists, Filmmakers, Teachers, Librarians, Archivists, Curators, Lawyers and Business People. 3rd Edition
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Contacts
Canadian Copyright Act http://laws.justice.gc.ca/en/C-42/index.html
Canadian Intellectual Property Office register of copyright http://strategis.ic.gc.ca/sc_mrksv/cipo/about/ab
outus-e.html Canadian Copyright Board
can grant licence in absence of holders http://www.cb-cda.gc.ca/new-e.html
Canadian Heritage http://www.pch.gc.ca/index_e.cfm
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World Intellectual Property Organization http://www.wipo.int/index.html.en
World Trade Organization http://www.wto.org/
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Select Canadian Collectives
AccessCopyright http://www.accesscopyright.ca/
The Canadian Musical Reproduction Rights Agency Limited (CMRRA) http://www.cmrra.ca/home4/home4.html
Society of Composers, Authors and Music Publishers (SOCAN) http://www.socan.ca/
Société québécoise de gestion collective des droits de reproduction (COPIBEC) http://www.copibec.qc.ca/
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Questions?
Photo credits:United States Coast Guard
International Ice Patrol http://www.uscg.mil/lantarea/iip/