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
carol.shepstone@usask.ca
Disclaimer
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not a lawyer
not providing legal advice
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Overview
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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
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Copyright Act - 1924
1988 Bill C-60
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1997 Bill C-32
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(end of phase I reform)
(end of phase II reform)
current copyright reform
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International Copyright Conventions
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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
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copyright holders
protected rights
protected categories of work
general rules - duration
specific exceptions
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Key Concepts
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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”
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sole and exclusive right to control the
use of the work and benefit from its
exploitation
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publish, produce, perform, convert,
reproduce, communicate, adapt,
translate, present, etc.
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What is a Work?
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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
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literary works
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dramatic works
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choreographic work, mime, recitation, acting form,
scripts, plays
musical works
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books, letters, pamphlets, emails, memos, lectures,
articles, translations, computer programs, tables of
statistics
compositions, songs, sheet music, lyrics,
arrangement or adaptation (not same as sound
recordings)
artistic works
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paintings, drawings, engravings, prints,
photographs, handicrafts, architectural works,
illustrations
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Non-Traditional “Works”
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Aka..”other subjectmatter”
performers’
performances
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sound recordings
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can be live or “fixed”
music, drama,
lectures, spokenword, ocean waves
communications /
broadcasts
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radio and television
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Some Other Types of Works
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collective works
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distinct parts by different authors
compilations
gathering of material from a variety of
sources
 new media projects, databases
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Protected Rights
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economic rights
moral rights
neighbouring rights
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Economic Rights
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author/creator is the first owner of copyright
duration
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“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
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”substantial part” of work
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Moral Rights
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paternity
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integrity
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prevent work being used in conjunction with a
cause or business
duration
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prevent changes to work and reputation
association
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claim authorship; remain anonymous; use
pseudonym
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
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rights of performers and producers
of sound recordings (and
broadcasters)
control reproduction and rebroadcasting
duration
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50 years following first “fixation” or
broadcast
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Layering of Rights
examples
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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
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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
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+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
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life of author +50 years
after January 1, 1994, person who
created work
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+50 years following year of publication
dramatic cinematographic works
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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
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already made public since author’s
death
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duration of copyright depends on date
of creation (+50)
year work first published +50
others, depend on when author died
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1997 rule
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Exceptions in the Act
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fair dealing
substantial part of work
for educational institutions,
libraries, museums and archives
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Fair Dealing
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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”
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permission for
reproduction or
copying required only
for a “substantial
part” of work
Courts consider…
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quantity
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how much of the
original work
quality
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the “importance” of
the part copied
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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
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Digital Projects
Where to start?
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Copyright and New Media
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“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
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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 subjectmatter?
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
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author/creator
other holder of copyright – publisher,
corporate body
anyone with neighbouring rights
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contact appropriate collectives
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SOCAN, AccessCopyright, etc.
check the copyright register
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watch for contractual agreements
Intellectual Property Office
if can’t locate….
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Canadian Copyright Board
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Securing Authorization
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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
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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
Producers
http://www.canadianheritage.gc.ca/progs/ac-ca/pubs/icci/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
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Canadian Copyright Act
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Canadian Intellectual Property Office
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register of copyright
http://strategis.ic.gc.ca/sc_mrksv/cipo/about/
aboutus-e.html
Canadian Copyright Board
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http://laws.justice.gc.ca/en/C-42/index.html
can grant licence in absence of holders
http://www.cb-cda.gc.ca/new-e.html
Canadian Heritage
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http://www.pch.gc.ca/index_e.cfm
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World Intellectual Property
Organization
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http://www.wipo.int/index.html.en
World Trade Organization
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http://www.wto.org/
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Select Canadian Collectives
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AccessCopyright
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The Canadian Musical Reproduction
Rights Agency Limited (CMRRA)
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http://www.cmrra.ca/home4/home4.html
Society of Composers, Authors and Music
Publishers (SOCAN)
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http://www.accesscopyright.ca/
http://www.socan.ca/
Société québécoise de gestion collective
des droits de reproduction (COPIBEC)
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http://www.copibec.qc.ca/
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Questions?
Photo credits:
United States Coast Guard
International Ice Patrol
http://www.uscg.mil/lant
area/iip/
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