Canadian Copyright Law Principles CCM 201 Session #3 Instructor: Lesley Ellen Harris, Copyrightlaws.com SLA Click University Certificate in Copyright Management: Principles & Issues

2 Primer From defining copyright in Canada: –“the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever…” To understanding terms such as: –Exclusive –Automatic –Fixation –Originality

3 To understanding concepts such as: –Voluntary registration and use of © –Ownership –Duration of copyright protection –Public domain –Rights of a copyright owner –Fair dealing –Specific exceptions –Infringement and remedies –Revision (C-11)

4 Discussion Questions Define Canadian copyright law Change Canadian copyright law Optional: –Cheat Sheet –U.S.-Canada comparison

5 Definition of CANADIAN Copyright Law 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 own perspective…

6 Canada-U.S. Comparison Duration: Life + 50 Gov’t works protected Moral rights in all works Employer = owner Reg’n always voluntary Fair dealing Life + 70 Fed’l gov’t works in PD Moral rights in works of fine art Employer = author + owner Reg’n now voluntary Fair use

7 Case Study: Blog protection 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 rgts?

8 Case Study: Managing Permissions Understand Canadian copyright law (and global nature of copyright) Where is work being used? How and by whom? For how long? Is there a licence for this use? Do you have a permissions procedure? Is there a copyright clearance person? Guidelines for fair dealing? Exception? Unlocatable copyright owner provision

9 Discussion: Can you Digitize an Article for Posting Online? Digitization = reproduction under Act so needs permission Is there already have permission through Access Copyright/Copibec, digital license, database/aggregator, direct licence? May need additional permissions for each online 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?

10 What’s Next? Discussion list closes Quiz opens Digital Space remains open Discount to register for Certificate in Copyright Management 24 months to complete

11 CCM Courses Nov 9, free Open House on CCM Jan - June 2012: CCM Intro to Copyright Management CCM U.S. primer CCM Global copyright CCM Web 2.0 and Other Digital Copyright Issues –Protection of digital works, Electronic rights –Digital licenses,Digital License Policy –Scanning, using digital images, e-archives, Blogs, Twitter, Facebook…

12 CCM Special Library Issues CCM Author and Publishing Perspective In-person: CCM 600 (Compliance and Mgm’t) (Education)= Washington DC –+ U.S. Copyright Office Visit (non-CCM course)

13 Checklist/Blueprint for Managing Copyright