Canadian Copyright Law Principles

CCM 201 Webinar #3Instructor: Lesley Ellen Harris, Copyrightlaws.com

SLA Click University Certificate in Copyright Management: Principles & Issues

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Canadian Copyright

• 1921 Copyright Act• Copyright Modernization Act• Court cases• Secondary sources

– Academic papers– Books– Blogs (quick and often have a perspective)

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Primer

• From defining copyright:– “the sole right to produce or reproduce the work or any

substantial part thereof in any material form whatever…”– And specifically defining copyright in your organization

• To understanding terms such as:– Exclusive– Automatic– Fixation– Originality (skills and judgment)

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• To understanding concepts such as:– Voluntary registration– The use of ©– Duration of copyright protection– Public domain– Rights of a copyright owner– Fair dealing– Infringement and remedies

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Discussion Question

• Define Canadian copyright law

– What does Canadian copyright law mean?

– And what does it mean TO YOU/YOUR ORGANIZATION?

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Definition of Cdn Copyright

• The exclusive right to copy– economic and moral

• Protects all kinds of content• Life + 50 years• 6 point fair dealing test and limited exceptions for

educ’n + LAMs• No 10% rule• Your perspective…

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Discussion Question

• Create a cheat sheet– What will you do with your cheat sheet?– Primer in your Copyright Compliance Policy?– Hand-out in seminar?– Post on intranet or blog?

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Who owns an article written at work?

• An article written as part of one’s work duties belongs to one’s employer UNLESS agreement to the contrary

• Moral rights remain with the author (may be waived)

• The duration of protection is life + 50, based on the life of the employee

• What about a research librarian who writes a book on research skills? Who owns the copyright in the book?

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Canada-U.S. Comparison

• Duration: life + 50• All gov’t works

protected• Moral rights in all

works• Employer = owner

• Life + 70• Fed’l gov’t works

in PD• Moral rights in

works of fine ar• Employer =

author + owner

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Weblog protection (case study 2.0)

• What is the purpose/nature of the blog and is it worth protecting?

• What content is protected?

• Should a CC license be considered? What about fair dealing?

• Should the blog be registered?

• Should they use a copyright notice and have a link for permissions?

• Are permissions necessary to include content?

• Is there an agreement with the weblog developer?

• Who owns comments? What about moral rights?

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Digitize articles for seminar and intranet (case study 3.0)

• Digitization = reproduction under Act so needs permission

• Does she already have permission through Access Copyright, digital license, database/aggregator, direct licence?

• May need additional permissions for each activity

• Are articles in the public domain? Would this use fall under an exception or fair dealing?

• Can a link be used instead of reproducing the works?

• Can the works be summarized rather than reproduced?

• Are there restrictions on the use/license?

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Managing permissions in a for-profit library

• Fair dealing may apply• Understand the 6 fair

dealing factors• Fair use does not

apply in Canada• LAM exceptions are

for nonprofit libraries - check definition in Act

• Permissions flow chart etc.

• Copyright Compliance Policy in writing

• Designated person to clear permissions

• Standard permissions form

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What’s Next?

• Quiz opens• Digital Space + discussion list remain open

• CCM Open House: Why We Need to Manage Copyright 14 November 2012

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CCM Courses• Begins 23 January 2014

• 5 online/webinar-based courses– Intro to copyright management– US copyright law principles– Web 2.0 and digital content copyright issues– Library and special library copyright issues– Copyright principles for authors and publishers

• 1 online/self study course– Global copyright (available March, April, May 2014)

Vancouver/SLA Conf.Teaching others about copyright (6 June 2014)

Copyright compliance and management (7 June 2014)

Graduation (7 June 2014)

Informal dinner (6 June 2014)

Ask the Copyright Expert (8 June 2014)

Canadian Copyright Law Book Signing (either 7 or 8 June 2014)

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Checklist/Blueprint for Managing Copyright

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