Law

Types of property

1. Real property - immovable assets like land and buildings

2. Personal property - material-based, movable objects such as a car or a phone

3. Intellectual property - intangible, representing the product of the mind and the outcome of human creation

Characteristics of IP

1. Non-exclusive good exclusive Transforms non-exclusive things (like a song idea and melody) into exclusive property

2. Monetize Allows creators to monetize and control the distribution of their work

3. Idea v. Manifestation: Focuses on the manifestation of an idea, not the idea itself (e.g., Disney owns their adaptation of fairytales, not the original stories)

2 things not subject to IP

1. common Ideas - Common ideas shared among the population

2. Important ideas - important ideas like building a culture, IP is about culture circulating (e.g., cultural dances)

Trends in IP Law

1.Propertization: Turning shared cultural resources into property, removing them from the public domain (e.g., Barbie pink).

2.Owners' Rights: Expanding legislation to give owners more rights and ways to enforce copyright, leading to the criminalization of copyright infringement.

3.Technology: Advances in communication technology make it easier to distribute ideas.

4.Globalization: IP policies are now treated as trade issues rather than cultural policies bound by national borders

Intellectual Property

non-physical property based on unique ideas and cognitive effort. Copyright exists automatically upon creation, but registering the copyright provides additional benefits

Neighbouring Rights

Rights given to those who help circulate a work, such as performers and broadcasters. They don't have the same originality rights as the author

Rights Protected by Copyright

1. economic

2. moral rights

Moral rights

1. Protect the author's reputation and connection to their work.

   1. Right to Paternity/Attribution: The right to be credited as the author.

   2. Right to Integrity: The work cannot be altered in a way that damages the author's reputation.

   3. Right of Association: Prevents unauthorized use of the work for a particular cause or purpose (e.g., political campaigns)

Economic rights

1. Ways to profit from the work, such as reproduction, performance, adaptation, etc..

   1. Creative Commons Licenses: Allow creators to share some of their rights while retaining others (some rights reserved).

Three Criteria for a "Work"

1. Originality: Applies to the expression, not the idea itself. It must originate with the author, not be copied, and demonstrate independent creative effort and skill.

2. Fixation: The work must be expressed in a material form, identifiable, and relatively permanent (e.g., written down, recorded). Non-Fungible Tokens (NFTs) are a new form of fixation.

3. Nationality/Place of Publication: Canadians and works published in certain locations are guaranteed copyright protection

Fair Dealing

Allows limited use of copyrighted material without permission for purposes like education, research, or private study, as long as the source is cited and the use is fair (ex: an academic paper)

Factors Considered for Fair Dealing

1. Purpose of use

2. Nature of the work taken from

3. Amount and substantiality of content taken

4. Effect on the market value of the original

5. Availability of easy alternatives

Made in Canada Exceptions for Copyright

1. Private copy: Making personal copies of works, as long as it's for personal use and doesn't harm the market

2. Preservation: Copying for academic or archival purposes

3. User-generated content: Creating content based on existing works, provided it's not for commercial purposes and doesn't violate encryption

4. Time/format shifting: Copying content for personal use in different formats or time slots

The Maliseet First Nation and Their Stories

Highlights the tension between Indigenous communal knowledge and Western copyright law which emphasizes individual ownership. Key issues include:

1. The potential for misappropriation of Indigenous cultural heritage when applying Western copyright frameworks.

2. The challenge of reconciling oral history traditions with written copyright laws.

3. Copyright as a potential tool for control and censorship, conflicting with Indigenous cultural sovereignty

Evolution of Social Media and Content Creation

● Web 1.0: focused on content shared among known individuals.

● Web 2.0: led to professional social media use, the rise of influencers, and content creators as a recognized workforce who monetize through ads, brand deals, and partnerships. This shift brought new challenges like competition for visibility and credit

Copyright Ownership

Generally, the author (creator) is the first owner of the copyright (Owner is second owner) however exceptions include co-written works, films, sound recordings, letters and employment (if the work is created under a contract of service)

Remedies for Copyright Infringement

1. Border Seizure: Confiscation of infringing work at the border

2. Civil Rights: Include injunctions (court orders to stop infringement), damages (compensation for financial loss), accounting for profits (surrender of profits gained from infringement), and delivery up (removal of infringing content)

Criminal Action: Legal action against copyright infringement

Purpose of copyright and IP

To balance promoting public interest in creative works with ensuring creators receive just rewards

Black TikTok Creators’ Strike

systemic inequities faced by Black creators on social media platforms, highlights

1. The lack of proper credit and attribution for dances created by Black users.

2. Algorithmic bias that often favors content by non-Black creators, even when replicating trends initiated by Black users.

3. This event underscores the need for platform accountability and adjustments to algorithms and policies to ensure equitable visibility and opportunities for creators of color.

New York Times v. OpenAI

legal battle grapples with the implications of AI using copyrighted material for training, specifically in the context of news articles, raises questions about

1. Whether AI training on copyrighted content constitutes fair use or infringement.

2. The potential economic harm to publishers if AI models can freely utilize their work without permission or compensation.

3. This case has the potential to shape the future of copyright law in the age of AI, influencing how data is used for training and the balance between technological innovation and creators’ rights

The Maliseet First Nation and Their Stories

Highlights Indigenous communal knowledge v Western copyright law, highlighting

1. The potential for misappropriation of Indigenous cultural heritage when applying Western copyright frameworks.

2. The challenge of reconciling oral history traditions with written copyright laws.

3. Copyright as a potential tool for control and censorship, conflicting with Indigenous cultural sovereignty

The "Carlton" and "Milly Rock" dances in Fortnite

copyright law must adapt to evolving forms of creative expression in digital spaces.

• Copyright Office's refusal to register these dances as choreographic works because they were deemed too simple and intended for social enjoyment.

• the case sparked public debate on cultural appropriation, as the dances originated in Black communities but were commercially exploited without proper attribution or compensation

The "Savage" dance on TikTok

a shift in the Copyright Office’s approach to copyrighting social media dances. The dance was granted copyright protection, underscoring issues of attribution and compensation for Black creators, suggesting a growing recognition of the creative effort involved in these viral trends