Copyright Issues for Digital Projects

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

Carol Shepstone Head, Access Services Division University of Saskatchewan Library [email protected]

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 4

Canadian Copyright Legislation

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Copyright Act - 1924

1988 Bill C-60  (end of phase I reform) 1997 Bill C-32  (end of phase II reform) current copyright reform 5

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 6

The Basics

     copyright holders protected rights protected categories of work general rules - duration specific exceptions 7

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 8

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   expression of an idea published or unpublished criteria of a work  must be “fixed” in some form   originality nationality of creator and place of publication 10

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 11

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 12

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 13

Protected Rights

   economic rights moral rights neighbouring rights 14

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 15

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 16

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 17

Layering of Rights

examples    newspapers photo of an piece of art 1945 sound recording 18

Duration of copyright

general rule

 life of author + 50 years = public domain  from end of calendar year of death, to end of the 50 th year -- January 1 st XXXX 19

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 21

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 22

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 23

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 24

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 25

Exceptions in the

Act

   fair dealing substantial part of work for educational institutions, libraries, museums and archives 26

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 27

“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 28

Exceptions

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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 29

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 31

      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 32

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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 34

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) 35

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 36

Recommended Guides

Daniel, Johanne. A Practical Guide on

Copyright Clearance for New Media Producers http://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. 3 rd Edition 37

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/ aboutus-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/ 39

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/ 40

Questions?

Photo credits: United States Coast Guard International Ice Patrol http://www.uscg.mil/lant area/iip/ 41