COPYRIGHT - BCST 1331 Media Law - Week 6 Study Set

Define Copyright

A legal right to make public, produce or reproduce any original written or artistic work, or a substantial part of it, in any material form

How was copyright created?

Copyright exists as a legal right only pursuant to statute - there is no common law of copyright in Canada

The Copyright Act

(R.S.C. 1985, c. C-42 (the "act"))

What CAN be copyrighted?

Writing

Music, lyrics, sound recordings

Choreography

Drawings, art, sculpture, engravings, etc.

Photographs

Maps, charts

Architectural works

May also apply to compilations of works, encyclopedias and computer programs

What is the SCC's definition of ''original" in the context of copyright law

A "non-trivial exercise of skill and judgment such that production of the work was not a purely mechanical exercise"

(May extend to re-arranging material but not simply abridging/shortening the original)

What CAN'T be copyrighted?

Ideas

Facts

Pure Information

What does copyright law say about protecting ideas and information?

Copyright protects only the way an idea or information is expressed

The idea or information itself is not protected

When does copyright start?

Copyright starts with the creation of the original work

True or False: You must register an original work to be protected by copyright

FALSE

There's no requirement to register copyright or publish the work but registration might be useful as evidence in an infringement case

How long does copyright last?

Copyright lasts as long as the creator of the original work lives + 70 years after their death

*There are other circumstances with different durations set in sections 6 - 12 of the act

What happens after copyright runs out?

The work becomes part of the public domain and can be used or reproduced without permission

*There may be other considerations such as lasting trademark restrictions

What is a patent?

A patent is protection for new and useful inventions or any new and useful improvement to an existing invention

What is a trademark?

A trademark protects one or a combination of words, sounds or designs used to distinguish the goods and services of one person/organization from those of others

What is industrial design?

Visual features of shape, configuration, pattern or ornament or any combination of these features applied to a finished article

What is integrated circuit topography?

3D configurations of electronic circuits in integrated circuit products or layout designs

What penalties can a copyright infringer face?

CIVIL LAWSUIT

-Damages for lost profit/reputation

-Injunction to stop reproduction/publication of copies

CRIMINAL PROSECUTION

-Copyright Act creates summary convictions and indictable offences which can lead to fines and/or imprisonment (RARE)

STATUTORY DAMAGES

-Up to $20,000 per work infringed

-No requirement to show lost profit or other damage

INJUNCTIVE RELIEF

True or False: All copying infringes copyright

FALSE

FAIR DEALING allows limited use of copyrighted material without permission for specific purposes

What purposes fall under fair dealing?

Research, private study, education, parody, satire

Criticism or Review

News Reporting

What does fair dealing allow for criticism/review and news reporting?

Allows reproduction of copyrighted material for the purpose of comment in reviews, criticisms or news publications

Does not give free reign to use someone's copyrighted work freely

What are the strict requirements of fair dealing?

Fair dealing for news reporting does not infringe copyright if the following are mentioned:

(a) the source; and

(b) if a source is given, the name of

(i) author, in case of a work,

(ii) performer, in the case of a performance,

(iii) maker, in the case of a sound recording,

(iv) broadcaster, in the case of a communication signal

True or False: There are other factors to consider than just the strict requirements for fair dealing?

TRUE:

Beyond the strict requirements of the Act, courts have also interpreted/fleshed out fair dealing

For news reporting, fair dealing allows for the "brief" use of copyrighted material "for a clear purpose"

What are the 6 factors of fair dealing?

Purpose of use

Amount/duration of use

Character of use

Nature of the work itself

Availability of alternatives

Effect of the use on the copyrighted work

What is purpose of use?

Is the copyrighted material being used to illustrated a newsworthy point or just to make a story prettier?

If the purpose is to convey a specific point or show something specific, the "fairer" the dealing

What is amount of use?

You may only use as much of a copyrighted work as you need to tell the story

No such thing as a 30-second rule

What is character of use?

The manner in which the work was used

Multiple copies widely distributed?

One copy only destroyed after use?

What's the industry standard?

What is nature of the work?

The public availability of the work

Is it already published or not?

Confidential or not?

What is the availability of alternatives?

Could something other than the copyrighted work have been used to illustrate or make the point?

What is the effect of the dealing on the copyright?

How the use of copyrighted material will affect the copyright owner

Does it affect their livelihood, reputation, etc.?

How should you give credit to a copyright owner?

Name the copyright owner

Attribute in voicing as well if possible

Don't cover up someone else's watermarks with your own keys

Leave the key up the whole time

Who owns a copyright?

The author/creator

*If an original work was created in the course of employment, the employer may own the copyright (due to employment contract either implicitly or explicitly)

Can copy right be sold or assigned to a 3rd party?

YES, Copyright CAN be sold or assigned to a 3rd party

-Purchaser/assignee only holds copyright for 25 years after creator's death

-After 25 years, copyright reverts to the creator's estate for the remaining 45 years

What are moral rights?

The right to be associated with the work by name (or to remain anonymous)

The right to "integrity" of the work - protects the work from modification, distortion, mutilation or use or association with a product, service, cause or institution without the creator's consent

How are moral rights different/similar to copyright?

Moral rights are separate from copyright (but still set out in the Act)

Violations/infringements carry same remedies/penalties as copyright

Moral rights persist even when copyright is sold/assigned

Last the same duration as copyright

True or False: News CAN be copyrighted

FALSE

News CANNOT be copyrighted

A journalist will only be in trouble if they republish all or a substantial amount of another media outlet's story exactly - (does not include contracted wire services)

Rewriting does not infringe copyright, but its more than changing a few words or paragraphs - *SCC says you must exercise skill and judgement in a non-trivial way

Do you have to credit news agencies?

Generally NO, there's no need to credit a news agency for a properly re-written story

Quoting significant parts would require giving credit

*Fair dealing for media usually means brief use for a clear purpose - SCC says the end purpose matters

What is licensing?

Licensing is the granting of permission/consent by the copyright owner for the use of a copyrighted work

-Can be actively sought after by making a request, or

-Can be the copyright owner proactively offering up their work for public use as long as certain terms and restrictions are complied with

How do copyright law and Indigenous "Copyright" conflict?

Existing colonial/Canadian intellectual property regimes including copyright, do not align with many aspects of indigenous knowledge/IP/traditions

They create conditions for exploitation, appropriation and extinguishment

Copyright law cannot comply with Indigenous knowledge works because of...?

Different indigenous legal traditions from one community to another

Communal rather than individual ownership of content

The information - instead of the form of expression - is proprietary to a community or group

How has copyright law affected indigenous communities?

Many cases of indigenous ownership of content being seized unlawfully or appropriated with no legal recourse

Indigenous communities may be highly sensitive about sharing stories, knowledge or content

-any attempt to tell an Indigenous story must be treated extremely delicately, with consultation, cooperation, and permission

-use of Indigenous content must be culturally sensitive and accurate