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

2 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) An article in an e-newsletter is automatically protected by copyright The duration of protection is life + 50, based on the life of the employee

3 Primer From defining copyright: –“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

4 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

5 Discussion Questions Define Canadian copyright law Create a cheat sheet Optional: –Favorite resource –U.S.-Canada comparison

6 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…

7 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

8 Check In Discussions Readings Pace Technology Digital Workbook

9 Posting on a weblog Permission to post a photo by employee while in Mexico? Permission to post an audio lecture he recorded? Permission to post US or Cdn gov’t doc? How to protect own content? Taken during course of employment? Had the lecture been previously fixed? Follow Canadian law Automatic protection (see next slide)

10 Weblog 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?

11 Digitize articles for seminar and intranet 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?

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

13 CCM Courses CCM 400 Web 2.0 and Other Digital Copyright Issues - 1 March 2011 –Protection of digital works –Electronic rights –Digital licenses –Digital License Policy –Scanning, using digital images, e-archives –Blogs, Twitter, Facebook… CCM Special Library Issues CCM Global Copyright Issues CCM = Philadelphia + Dinner

14 Checklist/Blueprint for Managing Copyright