• ownership of content
• using third party content
• protecting publications

The issues affect both print and electronic publishers of all sorts of content.

Copyright Ownership

In copyright, the ownership rule seems straightforward: an author is the first owner of copyright in her work. However, in an employment situation, the employer owns the copyright in her employee’s work. A consultant on the other hand owns the copyright in her writings unless there is a written agreement stating otherwise. Written agreements can change the ownership of copyright materials; licenses can provide permission to use materials that you do not own.

Third Party Content

Third party content is content in which you do not own the rights. Some typical examples of third party works included in publications are: images, diagrams, tables, charts, and photographs. When using third party content, it is always best to begin with the presumption that the content is protected by copyright. Online content and images found through search engines like Google Images are often protected by copyright.

Protecting Publications

Using a copyright symbol and including copyright information (plus a link to obtain permission to use your online publications) is one of the simplest ways to start protecting your content. Watermarking, digital rights management, and license agreements may all be helpful as well.

More info at Member profile: Harris has the answers on copyright laws

See Copyright for Publishers session at SIPA on 5 June 2013

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

Canadian Copyright Act

The current Canadian Copyright Act

Copyright Regulations

Canadian Government

Heritage Canada has information on the history of Canadian copyright, publications, a glossary and more, as well as a microsite on the Copyright Modernization Act (the most recent amendments to the Canadian Copyright Act.)

Copyright Board of Canada (where you can obtain a license to use works of unlocatable copyright owners, and a list of Canadian copyright collectives and more)

Government office responsible for copyright registrations: Canadian Intellectual Property Office (CIPO). CIPO also provides general information on Canadian copyright law.

Supreme Court of Canada Copyright Cases

Supreme Court of Canada (SCC) cases: There are many other cases on this site that may be helpful. The list below is a sample of the cross-section of cases on copyright heard by the Supreme Court of Canada.

• Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37, [2012] 2 S.C.R 345 Date: 20120712
• CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13, [2004] 1 S.C.R. 339 Date: 20040304
• Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers, 2004 SCC 45, [2004] 2 S.C.R. 427 Date: 20040630
• Robertson v. Thomson Corp., 2006 SCC 43, [2006] 2 S.C.R. 363, Date 20061012
• Théberge v. Galerie d’Art du Petit Champlain inc., 2002 SCC 34, [2002] 2 S.C.R. 336, Date: 20020328

Creative Commons Canada

Creative Commons Canada

World Intellectual Property Organization

World Intellectual Property Organization

Canadian Copyright Law Questions

Copyright Qs & As on Canadian Copyright Law. This is a forum where you can review various questions and answers and also ask your own questions.

Do you have a favorite (or favourite) source to share? Press comment below to share it.

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.

Wondering what you can do on World IP Day? Through the links below you will find 20 innovative ideas!

1. Seize the Teachable Copyright Moment
2. Saying Yes to Copyright Permissions
3. Copyright Education that Invites Participation and Cooperation
4. 5 Copyright Ideas to Implement Today

CopyRIGHT Pathfinders are new to the Copyright Community in 2013. Pathfinders are one way a yearly subscription provides you with knowledge you can immediately use to comply with, and manage, your complex copyright and licensing issues.

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Fifth Grade Filmmaker

With this theme in mind, Ms. Pallante handed a copyright registration certificate to fifth grader Zachary Maxwell. Zachary is a filmmaker or as he calls it “a story teller.” His most recent film is Yuck: A 4th Grader’s Short Documentary about School Lunch. Zachary told the crowd that he was going to snuggle with his certificate! He also thanked the U.S. Copyright Office for all their hard work in protecting his stuff. He registered the copyright in Yuck because it took him eight months to make his film and he didn’t want anyone using it without his permission.

Country Music Songwriters

Nashville songwriters and performers Brett James, Jessi Alexander and Lee Thomas Miller gave tremendous performances and each one chatted a bit about the career and struggles of a songwriter and the value of intellectual property.

Documentary Filmmakers

Mother and daughter team, Gail Mooney and Erin Kelly, shared their hard work in creating their 2011 documentary Opening Our Eyes, a 99-day journey around the world which tells the story of nine ordinary people making a difference in the world. As filmmakers, they have great respect for copyright and also ensure that they own the copyright in their projects.

Bob Goodlatte announced a comprehensive set of hearings to review U.S. copyright laws. Other speakers included James Pooley, WIPO; Teresa Rea, USPTO; Bart Herbison, National Songwriters Association; and Sandra Aistars, Copyright Alliance.

On 20 March 2013, U.S. Register of Copyrights Maria Pallante appeared before the Judiciary Committee sharing her message that the U.S. Copyright Act is showing its age and requires attention. She encouraged the Committee to think big and to start considering the next great copyright act. Details of issues to be considered in the next great act are set out in a paper which formed the basis of a lecture Ms. Pallante gave at Columbia University on 4 March 2013.

Chairman Goodlatte stated: There is little doubt that our copyright system faces new challenges today. The Internet has enabled copyright owners to make available their works to consumers around the world, but has also enabled others to do so without any compensation for copyright owners.  Efforts to digitize our history so that all have access to it face questions about copyright ownership by those who are hard, if not impossible, to locate. There are concerns about statutory license and damage mechanisms. Federal judges are forced to make decisions using laws that are difficult to apply today. Even the Copyright Office itself faces challenges in meeting the growing needs of its customers – the American public.

So it is my belief that a wide review of our nation’s copyright laws and related enforcement mechanisms is timely. I am announcing today that the House Judiciary Committee will hold a comprehensive series of hearings on U.S. copyright law in the months ahead. The goal of these hearings will be to determine whether the laws are still working in the digital age. I welcome all interested parties to submit their views and concerns to the Committee.

I also look forward to working with the Register and the Copyright Office that has served Congress well since its creation over 110 years ago. There is much work to be done.

Press release

How the U.S. Legislative Process Works

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Begins 2 May (ending 20 May), offered through Special Libraries Association’s Click University.     Register

There are 3 webinars which are recorded, a discussion list, and a 10-question multiple choice quiz at the end of the course. Participants receive a certificate of completion. Topics include:

• the unique point of view of authors and publishers
• criteria for copyright protection and what works are protected
• registering copyright works
• using the copyright symbol
• ownership (author, employee, publisher)
• duration of protection
• rights granted to authors and publishers
• moral rights versus economic rights
• permissions for incorporating and adapting third-party works
• fair use/dealing from the author/publisher perspective
• licensing and assigning works to others
• exploiting works
• protecting works online
• copyright infringement and remedies

What people are saying about the value of the copyright management courses:

“I feel so much more confident about copyright than I did prior to taking the courses.”

“I’ve really enjoyed this course. The emphasis on perspectives was enlightening.”

“We learned so very much and have built of great network of resources to assist us in our day-to-day work.”

1. Copyright for Publishers in Washington, DC

Wednesday 5 June 2013, 2:10 – 3:10 pm, Bonus Session at SIPA (Specialized Information Publishers Association) – open to conference attendees only. See blog post: Three important copyright issues for publishers.

2. Teaching Others About Copyright and Licensing in San Diego, CA

Friday 7 June 2013, 8 am – 4 pm, offered by SLA (Special Libraries Association) – open to all

3. Copyright Compliance and Management in San Diego, CA

Saturday 8 June 2013, 8 am – 4 pm, offered by SLA (Special Libraries Association) – open to all

Prefer online training? Click here.