Week 3 Copyright Flashcards
What is copyright?
the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same
What governs the copyright?
- Copyright Act
- Federal
- no common law
What is the term?
Authors life + 50 years
What are some of the defences?
- fair dealing
- satire and parody
- education
What are the damages?
- Damages
- Injunction
- Accounting for profits
- Delivery up
Discuss balance as a tension at the heart of copyright
- balance- between owners, creators, users
- owners and creators always want more
- public interest- people want to be able to do what they want with stuff
Discuss technology as a tension at the heart of copyright
-as the cost of copyright gets less and less and its gets easier and easier to copy, creates more issues from owners/creators
What is the ‘Making Available Right’
-the exclusive right for authors, performers and phonogram producers to authorise or prohibit their works going onto interactive material such as the internet
Discuss international as a tension at the heart of copyright
- international realm is supporting strong protection for owners/creators
- we don’t want people to be able to take something from one country to another letting people claim new copyrights
Discuss ideas v expression
- no copyright in idea, but only in expression
- you have no protection unless you register it
What are the two main things to determine what is a ‘work’?
- originality
2. fixation
What is originality?
- must originate with the author (expression, not idea)
- must not be copied
- must be the fruit of independent, creative effort
- author must use skill, experience, judgement etc.
What is fixation?
- the work has to be expressed in some material form, capable of identification, and has a permanent endurance
e. g. recording a song is way of fixing a song
What is not protected by Copyright?
ideas, facts, real life events, someones life itself
Who is the first owner of copyright?
-the author of the work is the first owner of the copyright
Who is the author?
a creator/person who first expresses the work in a tangible form (or fix it)
Discuss copyright in the course of employment
- if work is created in the course of employment, it is the property of the place of employment, not yours
- contract of service not FOR service
- unless there is a provision to the contrary
What are the 5 rights that are protected by copyright?
- economic rights
- moral rights
- paternity/attribution
- integrity
- association
Discuss moral rights
- exist in Canada and Europe only
- designed to protect the honour of the author and the integrity of the work
- unlike economic rights, they cannot be given or sold
Discuss paternity/attribution
-the right to have your name appear, to be anonymous and decide how you are represented
Discuss integrity
Can sell the rights to something but still dictate how the thing is portrayed
What are the five justifications for moral rights
- residue of the romantic author- representation of self
- truth in marketing
- social reward- the right person getting recognition
- author empowerment
- cultural preservation
How do you violate copyright? Give some examples
- by doing anything that the copyright owner has the right to do (and you don’t)
- plagiarism
- piracy
- bootlegging (unauthorised recording of a live event)
- counterfeiting- making a copy and putting it out there as an original
What remedies are available?
border- a copyright owner knows that a shipment of novels is coming in and gets a court order to stop it at the border
- civil: injunction, damages, accounting for profits + delivery up
- criminal
Discuss the reform process of legislature and courts
legislature- direction of protecting copyright owners
courts- trying to strike a public interest & give more rights to users
Discuss amendments re sector specific reforms
-performers and photographers: before they didn’t have life + 50 years, only 50 years
-making available right
-mash-up: do not make a mash-up and try to sell it- if you dont make money off it that is okay
educators- can use material online to educate students
