CLIP Scholarship Seminar
Series Event
Copyright 101: An
Introduction
Presenter : Tanya Horsley
Date : January 11, 2012
Introductions
• Seminar Series
• Scholarship and Research tracks
• New CLIP Research Coordinator
• Jeanie Zeiter
• Who am I?
• About CLIP
2
Disclaimers
• Not a copyright expert
• Not original information (selective sources)
• Not intended to replace legal advice when
applicable
3
Session Outline
• Copyright defined
• Overview of Intellectual Property
• Important copyright concepts
• ‘Your questions answered’
• Group quiz!
4
Session Objectives
5
Why is any of this important?
• Exposed to copyright decisions daily, weekly,
monthly….
• Downloading photos from the internet
• Copying research materials / articles
• Developing a materials (e.g. lifelong learning
booklets)
• RC staff both user’s and owners
• Rights, responsibilities, and choices to make;
maximize our ability to do so
• Consider and understand legal implications
6
Forms of Intellectual Property Law
• Patents
New inventions (process, machine, manufacturer,
composition of matter); new or existing invention
• Trademarks
Words, symbols, or designs (or combinations)
used to distinguish the wares/services of 1 person
or organization from those of others in the
market place
• Industrial designs
Visual features of shape, configuration,
pattern or ornament (or combination)
applied to a manufactured article
• Integrated circuit topographies
• Copyright
Three-dimensional
configuration of
electronic circuits
embodied in
integrated circuit
products of layouts
7
What is copyright?
(Oxford) Pronunciation:
/ˈkɒpɪrʌɪt/noun
Canadian
copy•rightIntellectual
noun \-ˌrīt\ Property Office:
What does
this
‘mean’
– theand
sole
right to produce
or reproduce
a
[mass
noun]
‘the
exclusive
assignable
legal right,
given to the
: the
exclusive
legal
right
to
reproduce,
publish,
sell,
oror
work
(or
afor
substantial
part
ofto
it)years,
in anyto
form.
‘The
exclusive
right
copy
aprint,
creative
work
originator
a fixed
number
of
publish,
perform,
distribute
the
matter
and form
of a Work
film,
or record
literary,
artistic,
or musical
material’
allow
someone
else
to
do so’
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What are ‘Works’?
• Literary - generally text as opposed to pictures
• Books, pamphlets, poems, computer programs
• Dramatic – Something intended to be acted or
performed
• Films, videos/DVD, plays, screenplays, scripts
• Musical – Compositions that consist of both words, or
music alone
• Orchestral scores, NBC chimes
• Artistic – Pictures as opposed to text
• Paintings, drawings, maps, photographs,
sculptures and architectural works
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Criteria for Protections of Works
• The 3 following criteria NEED to be met:
• Originality – cannot be a copy; skill & judgment in
its creation
• Fixation – expressed in some way
• Connection with Canada or treaty country – many
countries have signed treaties for minimum
standards for copyright
10
‘Other subject matter’
• September 1, 1997 provisions added for
neighboring rights added for:
Performer’s performances
Actors, musicians, dancers and singers have
copyrights in their performances
11
‘Other subject matter’
• September 1, 1997 provisions added for
neighboring rights added for:
Sound Recordings
Makers of recordings, such as records, cassettes,
and compact discs
12
‘Other subject matter’
• September 1, 1997 provisions added for
neighboring rights added for:
Communication signals
Broadcasters have protections in the communication
signals that are broadcast
13
Audience Challenge
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What can’t be copyrighted?
• Titles and short word communications
• Ideas: restricted to the expression in a fixed
manner of an idea, not the idea itself
• Facts (‘the sun rises in the east…)
• Names or slogans
• Methods (method of sculpting)
• Plots or characters
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Canadian Copyright Fundamentals
• Immediately attributed to the author of any
expression of an idea (work) for 50 years
• Unlike the US, no need to file for copyright protection,
as it is automatically awarded the author.
• EXCEPTION: Works created during the course of
employment are typically owned by the employer,
except where there is an agreement to the contrary.
Increasingly important to
consider as we increase
scholarship and research
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The importance of registering copyright
• Registration is not required for protection in Canada
• A certificate of registration of copyright is evidence
that copyright exists & that the person registered is
the owner of the copyright.
• Being on the Register of Copyrights may also assist
those wishing to seek permission to use the work
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Canadian Copyright Fundamentals
• Where can I find the Copyright Act?
Special
rule for
Crown Works:
• How
long does
copyright
last?
Literary, musical, dramatic or artistic
• Where
can
I apply for
copyright?by or
works
‘prepared
or published
the
control
of Her
Majesty or
• Areunder
Crown
Works
open
access?
any [federal, provincial, territorial]
• Can
one application
cover several ‘works’?
government
department’
belongs
to Her
Majesty,
• DoCopyright
all copyrighted
works
have
to marked
subject
to any agreement
with
the copyright
symbol? with the
author
• What do I do if I can’t locate the owner?
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Posthumous Works
• Works that have not been published, performed or delivered
in public during the lifetime of the author.
• If created >July 25, 1997, protection is Life + Calendar + 50
• If the work was created <July 25, 1997, 3 scenarios:
1.The work of a deceased author that is performed, published or delivered will retain
copyright from the date of publication + calendar + 50
2.The unpublished work of an author who was deceased during the 50 years prior to
July 25, 1997, retains copyright until December 31, 1997 (the remainder of the
calendar year in which Bill C-32 came into force), plus 50 years following the end of
that calendar year.
3.The unpublished work of an author who deceased more than 50 years prior to July 25,
1997, retains copyright until December 31, 1997 (the remainder of the calendar year in
which Bill C-32 came into force), plus five years following the end of that calendar year.
19
Scholarship and Research
• Fair dealing is a limitation and exception to
the exclusive right granted by copyright law
to the author of a creative work
• 6 principal criteria
Is
it for research, private study, criticism, review or news
• Purpose
reporting?
"these allowable purposes should not be given
• Character
a restrictive interpretation or this could result in the
• Alternatives
undue
restriction of users' rights." In particular, the Court
gives
"a large and liberal interpretation" to the notion of
• Amount
research,
• Nature stating that "lawyers carrying on the business
of law for profit are conducting research".
• Effect
20
Practical Considerations – All Staff
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Will this information be available?
• Shared N: drive
•
•
•
•
•
Slides
Copyright ACT
Information pamphlet
Resources list
In development: relevant/applicable RC policy
22
Mindfulness of copyright indicators
Cartoonstock.com
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Practical Considerations for the RC
• Ensure disclaimers are included in the work
we do
Determine:
• where requests will go
• who will manage them
• criteria for permissions
• Unit by unit decision making re: official vs.
assumed copyright
• Lifelong learning booklets
24
Practical Considerations for the RC
• Develop and document institutional
copyright practice and policy to ensure
compliance
• Appoint a copyright ‘officer’
• Maintain currency
• Keep and maintain accurate records of
permission/licensing agreements
• Access to a copyright lawyer
25
Tools for scholarship & research
Can I post my research publications online?
• CLIP Publications
- Sherpa Romeo
When I publish – have I given away ALL of my
rights?
• Authorship rights
26
Final Thoughts
Future work:
• Research Staff with academic affiliations /
appointments
• Staff training/orientation (scholarship &
research) re: copyright 101
• Awards and Grants
• Policy gap / implications
27
Summary
Session objectives:
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Quiz!
4
Question
2
3
(trick) Question
5
Question 1
US and
Canadian
copyright
For
There
the
are
purposes
___
Acts
of
within
copyright,
the on
The
RCMP
enforces
copyright
Generally speaking, copyright in
policiesofa
and
laws are
equivalent
posting
Intellectual
document
Property
to
Laws
your
behalf
individual
rights
holders.
Canada expires _ years after the
institutions website means that
death of the author of the work?
you have ‘published’ it.
29
Resources
Visit: Public Folders: CLIP
Research_Scholarship
Materials
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Upcoming CLIP Event
March 20th, 2012
Thank you
for
attending
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