Copyright Issues for Digital Projects

Image, Text, Sound & Technology: A Symposium on Digital

Text Editing

Carol ShepstoneHead, Access Services Division

University of Saskatchewan Librarycarol.shepstone@usask.ca

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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expression of an idea published or unpublished criteria of a work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/