04 June 2008

12.0 Canadian Copyright Issues

Added July 15 2009:
12.1 Question: What is happening with the amendment of the copyright law in Canada?
Answer: The Federal Government is starting a series of copyright consultations across Canada. The first two consultations are in Vancouver on July 20 and Calgary on July 21 2009.

Lesley

12 comments:

Chris said...

The proposed Bill C-61 to ammend the Canadian Copyright Act introduces a change that will provide photographers with copyright for all comissioned photograpy work. This would become applicable for all comissioned photographs that are produced after this bill becomes law. How can an organization prepare for this change? My organization has on staff photographers as regular employees and also as contractors.
I understand that the existing Canadian Copyright Act is unique as it does not recognize the photographer as the copyrith holder for comissioned phto work. Is this true?

Copyrightlaws.com said...

The current provision is subject to any agreement to the contrary. So, although the commissioner of a portrait or photograph owns that work -- both parties can agree otherwise. It's best for organizations to have policies that work for them whatever the copyright law says, then to consistent implement those policies. For the ownership of photographs, you can do this through agreements setting out what you agree upon (and where necessary get an assignment of copyright if you do not initially own it.)

Noushin said...

What is the copyright law in Canada on matters related to making photocopies/digital images of book covers/dust jackets?

Copyrightlaws.com said...

A book cover is generally a copyright protected work and you should get permission from the copyright owner to make a copy of it in any format. Often the publisher has the right in the book cover which it has obtained from the illustrator. Sometimes when a book cover is included in a press release for a new book, there is implied permission to use the cover in certain circumstances.
Lesley

Guy Russel said...

Do you know of a resource for copyright boilerplate text which could be used in a self-published book in Canada?

Copyrightlaws.com said...

Hi Guy, I don't know any specific sites for this purpose. However, I see that people are using Creative Commons Licenses for articles and books. You might want to check the CC licenses -- there is a Canadian version of the licenses too.
Lesley

ExecutiveDirector said...

COMPANY LOGO USE BY OTHERS? I am the Executive Director of a national, not-for-profit organization.

Recently, one of our members decided to use our organization's logo to represent his own personal interest group. I informed him that he cannot do this and to choose another logo for himself. One of our board directors, however, said that he could have used our logo as he sees no copyright infringement issue. I find this odd. If true, then any person or group could use someone else's logo to represent their own interests. Consequently, this would be detrimental for brand consistency and marketing purposes.

Today, another member asked if she could use the organization's logo to represent her group!

Help!!

Copyrightlaws.com said...

Hi Executive Director -- a logo may be protected by both copyright and trademark law. Especially for trademark purposes, that mark should only be used in association with the service, cause, association etc intended for -- otherwise you could dilute the rights in the mark. If you choose to allow others to use your mark, this should be done in a licensing agreement signed by an authorized trade mark owner or his representative.
Lesley

ChaseLonginger said...

Are public libraries within Canada able to reproduce copyright materials if reproduced materials are intended to be used for library displays or programs? For example creating a scaled up version of a children's book to be read to a group or reproduce images from a book to promote a program that is based on that book

Is there a specific set of rules or policies that apply to public library use?

Copyrightlaws.com said...

Hello ChaseLonGinger....the preservation exceptions in the Canadian Copyright Act apply to most public libraries, however your examples are not preservation. You may want to review the fair dealing provisions (which apply to anyone using a copyright protected work) and see if your reproduction or performance of part of a work fall within the fair dealing defence.

skype: macrosell said...

What are U.S. and Canadian laws for filing third party copyright protections when not a lawyer?

Copyrightlaws.com said...

Hi Macrosell, any author, publisher, owner or "other person interested in the copyright" can register copyright material in the name of the owner in the Canadian Copyright Office. According to the US Copyright Office circular (see http://www.copyright.gov/circs/circ1.pdf), an author, claimant, owner of exclusive rights and agent of any of those persons may file a copyright in the US Copyright Office.