Week 3 Copyright

Question 1

What is copyright?

Answer 1

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

Question 2

What governs the copyright?

Answer 2

• Copyright Act
• Federal
• no common law

Question 3

What is the term?

Answer 3

Authors life + 50 years

Question 4

What are some of the defences?

Answer 4

• fair dealing
• satire and parody
• education

Question 5

What are the damages?

Answer 5

• Damages
• Injunction
• Accounting for profits
• Delivery up

Question 6

Discuss balance as a tension at the heart of copyright

Answer 6

• 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

Question 7

Discuss technology as a tension at the heart of copyright

Answer 7

-as the cost of copyright gets less and less and its gets easier and easier to copy, creates more issues from owners/creators

Question 8

What is the ‘Making Available Right’

Answer 8

-the exclusive right for authors, performers and phonogram producers to authorise or prohibit their works going onto interactive material such as the internet

Question 9

Discuss international as a tension at the heart of copyright

Answer 9

• 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

Question 10

Discuss ideas v expression

Answer 10

• no copyright in idea, but only in expression

- you have no protection unless you register it

Question 11

What are the two main things to determine what is a ‘work’?

Answer 11

1. originality

2. fixation

Question 12

What is originality?

Answer 12

• 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.

Question 13

What is fixation?

Answer 13

• 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

Question 14

What is not protected by Copyright?

Answer 14

ideas, facts, real life events, someones life itself

Question 15

Who is the first owner of copyright?

Answer 15

-the author of the work is the first owner of the copyright

Question 16

Who is the author?

Answer 16

a creator/person who first expresses the work in a tangible form (or fix it)

Question 17

Discuss copyright in the course of employment

Answer 17

• 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

Question 18

What are the 5 rights that are protected by copyright?

Answer 18

1. economic rights
2. moral rights
3. paternity/attribution
4. integrity
5. association

Question 19

Discuss moral rights

Answer 19

• 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

Question 20

Discuss paternity/attribution

Answer 20

-the right to have your name appear, to be anonymous and decide how you are represented

Question 21

Discuss integrity

Answer 21

Can sell the rights to something but still dictate how the thing is portrayed

Question 22

What are the five justifications for moral rights

Answer 22

1. residue of the romantic author- representation of self
2. truth in marketing
3. social reward- the right person getting recognition
4. author empowerment
5. cultural preservation

Question 23

How do you violate copyright? Give some examples

Answer 23

• 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

Question 24

What remedies are available?

Answer 24

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

Question 25

Discuss the reform process of legislature and courts

Answer 25

legislature- direction of protecting copyright owners

courts- trying to strike a public interest & give more rights to users

Question 26

Discuss amendments re sector specific reforms

Answer 26

-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