Publishing and distributing content in today’s environment means working within a variety of models. An article or a series of articles published in a newsletter or website may become a mini e-book, the basis for a webinar or online course, or part of an online subscription-based database. These various models of monetizing content presume one thing—that ownership of the original content is clearly established when that original or first version of the content is written.

- Editorial by Lesley Ellen Harris

Orphan Works:

Because museums operate as stewards of collections with a mission and responsibility—on the one hand to educate and communicate with their public and, on the other hand, to care for their collections—museums hold a unique perspective on rights issues. One of the most significant legal issues facing the contemporary museum is the orphaned works issue.  The issue of orphaned works, that is, works determined to likely still be in copyright where the copyright owner cannot be identified or found, is not new.  Historically museums have been involved in determining provenance or attribution of works of art.

- Orphan Works from the Museum Perspective by Rina Elster Pantalony

French Copyright Law:

The French Intellectual Property Code not only expressly provides for the possibility to transfer moral rights on the death of the author (moral rights can be transferred only because of death), but also provides for the perpetuity of moral rights. The combination of this perpetual nature with the possibility of transferring a moral right only in case of death, offers a crucial tool to maintain control over the use of a work beyond the duration of patrimonial rights. As an example, the French courts (Paris Court of First Instance, September 12 2001) found that the moral rights over the works of famous author Victor Hugo had been transferred to his heirs up until today even thought the famous writer died in 1885.

- Copyright in France: The French System of “Droit D’Auteur” by by Jean-François Bretonnière and Thomas Defaux

Where to Sue for Copyright Infringement:

Personal jurisdiction is the court’s power over the parties in a case and is generally limited to a geographical area, such as a state.  More broadly, jurisdiction is the right or authority of a court to hear and decide a case.  Not every court has the right or authority to decide a particular legal dispute.  For example, a small claims court does not have the authority to decide a copyright case.  Only federal courts have that authority.  Personal jurisdiction is therefore the right or authority of the court to make a ruling that is enforceable against a specific party.  There are two kinds of personal jurisdiction: specific jurisdiction and general jurisdiction.

- Where to Sue in Copyright Infringement Cases by Tonya Gisselberg

Copyright Reform: Amending Copyright Acts and Treaties

To amend or to overhaul – that is the question when it comes to reforming copyright legislation.  Whether an international instrument such as a treaty, or a domestic copyright statute, copyright legislation is continuously being amended to deal with new technology, new rights and the ways we use content. From the examples below you can see for yourself when laws are amended and when they are replaced by new instruments.

WIPO Treaties

The leading international copyright treaty, the Berne Convention for the Protection of Literary and Artistic Works was concluded in 1886. This was the first international copyright treaty. Its purpose was to provide creators with the right to control and receive payment for the use of works such as novels, poems, plays, songs, drawings, paintings and sculptures.  Rather than being overhauled and replaced to address newer uses of copyright-protected works and to recognize new rights, the Berne Convention has been revised a number of times.  1908 marks the first major revision to the Berne Convention, with revisions in 1928, 1948, 1967 and most recently in 1971.  These revisions reflect newer technologies such as sound recordings, photography, radio, cinematography and television.

The WIPO Copyright Treaty (WCT) is a relatively new copyright treaty. Although concluded in 1996, the WCT came into force in 2002.  The WCT updates and supplements the Berne Convention and addresses changes in the digital world including the distribution of digital works over the internet that are not adequately addressed by the Berne Convention.  The WCT updates the Berne Convention without amending Berne or replacing Berne.  Any state that adheres to the WCT must comply with the substantive provisions of the 1971 (Paris) Act of the Berne Convention, even if it is not bound by the Berne Convention.

United Kingdom

The first copyright statute in the world was the British Statute of Anne, 1710.  Prior to the Statute of Anne, disputes arising from rights to the publishing of books were enforced by common law.  The U.K. Copyright Act 1911 was the first time provisions on copyright were brought together into one Act in the U.K.  This Act was replaced by the Copyright Act 1956, which has since been replaced by U.K.’s current copyright statute, the Copyright Designs and Patent Act 1988.

Canada

The first and current Canadian Copyright Act was written in 1921 (based on the U.K. Copyright Act 1911) and came into force in 1924.  The first major modernization amendments were in 1988 which included enhanced moral rights, an exhibition right for artistic works, and provisions to allow for the collective management of copyright beyond performing rights.  The next major reform was in 1997 which introduced neighboring rights protection for performers and producers of sound recordings, statutory damages, a private copying regime, and for the first time, limited exceptions for libraries, archives and museums as well as educational institutions.  Major amendments to the Canadian Copyright Act via the Copyright Modernization Act became effective in November 2012. Much of these amendments relate to newer technology and the way we now use content.

United States

The first copyright law enacted under the U.S. Constitution with the provision “to secure to literary authors their copyrights for a limited time” was in 1790.  The duration of copyright protection was 14 years with the privilege of renewal for an additional 14 years.  The first general revision (i.e., overhaul) of the copyright law was in 1831 when the first term of copyright was extended to 28 years with the privilege of renewal for the term of 14 years.  The second general revision of the copyright law was in 1870.  The third general revision of the copyright law was in 1909 when the renewal term was extended from 14 to 28 years, with the possibility of renewal for an additional 28 years.  The fourth general revision of the copyright law was in 1976-the duration of copyright became 50 years after an author’s death without any renewal of copyright.  In 1998 the Sonny Bono Copyright Term Extension Act extended the duration of copyright to life of the author plus 70 years after his death. In April 2013, Bob Goodlatte announced that the Judiciary Committee will conduct a comprehensive review of the U.S. law over the upcoming months. Bob Goodlatte is Chairman of the Committee on the Judiciary in the U.S. House of Representatives.

Canadian Copyright Law (CCL) is a 16 e-lesson eTutorial course which is a primer/refresher on Canadian copyright law. Includes information on November 2012 amendments and June 2012 Supreme Court of Canada court decisions.

FAQs on how eTutorials work

Syllabus

1. Understanding intellectual property
2. History of Canadian copyright law
3. Criteria for copyright protection (e.g., originality, fixation)
4. How to obtain copyright protection
5. How does international copyright protection work?
6. What is protected by copyright?
7. Who owns copyright?
8. The duration of copyright
9. Rights protected by copyright
10. Limitations on rights
11. How may rights be exploited?
12. How is copyright violated?
13. Remedies for the violation of copyright
14. Using copyright-protected materials
15. A comparison of Canadian and U.S. copyright laws
16. Digital copyright and electronic rights

A final quiz with 16 multiple choice questions is e-mailed to participants following e-lesson 16. Participants will receive a Certificate of Completion.

Next offering is over a 4 week period beginning 1 May 2013.

Click to register in Canadian Copyright Law eTutorial

1 person $139.00 USD 2 persons $278.00 USD 3 persons $417.00 USD

Ask your questions about Canadian copyright law.