An examination of canadas copyright law

Copyright act

Dramatic Works Includes any piece for recitation, choreographic work or mime, where the scenic arrangement or acting form is fixed in writing or otherwise. In most cases you may copy or use the work without obtaining permission, provided you attribute the author. When the term of copyright protection ends or expires, works fall into the public domain. The Copyright Act contains a limited number of exceptions that allow all or part of a copyright-protected work to be used without the copyright owner's prior consent. Also, the fair dealing exception permits the posting of short excerpts, which would include figures and illustrations contained in other works, on on a course management system such as CourseLink. However, if the work has been published, you may have signed the rights over to the publisher. It also specified the criteria that should be used to determine the fairness of the dealing purpose, character and amount of the dealing, possible alternatives, nature of the reproduced work, and the effect of the dealing on the work. A non-exclusive license is the most common type of license issued when licensing works protected under law. Publication means making copies of a work available to the public, the construction of an architectural work building or structure or any model of a building or structure , and the incorporation of an artistic work into an architectural work. Copyright Basics What kinds of works are covered by copyright? A work in the public domain is free for everyone to use without permission or payment of royalties. This applies to any work created by an employee of the U. One may attempt to justify copyright on very different grounds, in which the issue is not some natural right to property, but what will produce the greatest good for the greatest number of people. Copies of material found on the Internet may also be copied for students for educational purposes, provided the source is cited, the original is not protected by a digital lock, the original is not an infringing copy, and that there is no clearly visible notice on the original web site prohibiting such use I have included figures from books and articles in my lecture notes.

Copyright may be signed over to a publisher, but one co-author cannot sign over the copyright of another. Governments, at both the international level and domestically in Canada, have moved to strengthen the protection of copyrights in the new digital age.

In both countries these general rules are subject to a number of exceptions, including ones for works made in the course of employment, government works, and works of joint authorship.

While this sort of distinction seems confusing, it is nevertheless very important. Publication of an Original Work What is publication?

If, as SOCAN urges, large-scale organized dealings are inherently unfair, most of what online service providers do with musical works would be treated as copyright infringement.

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The responsibility for ensuring a work is original and meets the requirements for registration resides with the applicant. It is also possible to show a copy of a news broadcast or news commentary program in class.

Copyright Act to permit you to use the orphan work.

How to copyright a song in canada

If your photocopies are from a library licensed e-journal or e-book, you might instead link directly to the content from CourseLink D2L. According to copyright law, every individual who has made a substantial contribution to a work is a copyright holder. Hughes, Q. Is it sufficient just to cite the images I use in my PowerPoint lecture notes, or do I need to obtain permission? This means a painting, computer software or even a corporate memorandum are subject to moral rights. Can my colleagues and I create a database of relevant journal articles to be shared across institutions? Copyright and New Technology Another important issue concerning copyright centres on the arrival of new media technologies, and their normative and practical implications for copyright law in Canada. Please see section 7 of the Copyright Act for details regarding the term of copyright for such works. Their economic argument is that fair dealing should not compensate for the market's inability to meet the demand for public knowledge. Ideas Copyright protects the expression of an idea but does not extend to the idea itself. Making copies of copyrighted works is governed by the provisions of the Canadian Copyright Act. Its purpose, like that of other pieces of intellectual property legislation, is to protect copyright owners while promoting creativity and the orderly exchange of ideas. This is seen as a disguised assignment, abandonment or sale of copyright. A Compilation is a work resulting from the selection or arrangement of literary, dramatic, musical or artistic works or parts thereof, or a work resulting from the selection or arrangement of data. Canadian Copyright Law, 2nd Edition.
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Halsbury's Laws of Canada