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LAUNCHPAD LEARNING art ONLINE export UNDERSTANDING COPYRIGHT presented by Daniel Rosen Resident Expert What We’ll Daniel Rosen Learn 04 / The Big Idea 06 / Copyright Basics 08 / What is Covered by Copyright 10 / How You Make Money From Copyright 12 / Copyrighting Checklist 14 / Q+A with Daniel Rosen Daniel Rosen is an artist and lawyer who has cultivated a wealth of music industry knowledge first hand as a producer and songwriter. In his professional practice as an entertainment lawyer at Goldenberg Nahmias LLP, Daniel uses his unique perspective to represent his clients, which range from emerging and well-established artists to music companies and film/television producers. Exporting Art from Canada: A Legal Perspective 3 Copyright isn’t complicated, but it does take some TIME and You don’t EFFORT to fully understand it. Protecting your work, tapping into your earning potential, and having a successful career in your industry requires an have to be understanding of all of the rights involved in what you are creating. The good thing is that copyright has been established around the world for years, including how copyright owners can make money from it. a lawyer to understand copyright. Exporting Art from Canada: A Legal Perspective 5 Copyright Basics WHAT IS COPYRIGHT? author of a work may contract “maker” of a sound recording their work or performance, Copyright is a bundle of for certain rights (including as equivalent to an “author” of and to prevent the work or WHAT IS THE BENEFIT OF rights that a person has ownership) in the work, which a work. performance from being REGISTERING A WORK? in connection with a work means that sometimes the used in certain context the (musical, artistic, dramatic author and the owner of the Just as is often in the case author or performer does not In my view, there really is none and literary) or some form of work can be two different of works, contractual want (i.e. in association with a unless there is a commercial other subject matter (sound people or entities. arrangements can be made in certain product or service). arrangement that requires recordings, performer’s respect of the ownership of a you to do so. performances, and broadcast Copyright does not just sound recording. signals). subsist in works, but also DO I NEED TO While the Copyright Act subsists in what is termed It is important to note that REGISTER MY WORK states that a certificate of “other subject matter” under an author of a work and a WITH THE CANADIAN registration of copyright is the Copyright Act. performer of a performer’s INTELLECTUAL evidence that copyright exists performance have moral PROPERTY OFFICE TO and that the person registered Sound recordings fall under rights under the Copyright Act. HAVE THE COPYRIGHT? is the owner of the copyright, The next time you write that this category, along with such evidence can be created song, write down the lyrics or performer’s performances There are three types of moral No. A work is automatically without registration (see the get out your phone and record and broadcast signals. rights: paternity, attribution, protected by copyright the note above regarding fixation it. Registration of copyright Ownership rules are different and integrity. Moral rights moment you fix it in any of your work in a tangible is generally not necessary in with respect to “other subject cannot be assigned but may material form. This is often medium of expression). most cases unless a specific matter”. be waived by the author or referred to as a “tangible situation requires it (i.e. film performer. medium of expression”. distributors will require you to For example, the first owner of register the copyright to your a sound recording under the Moral rights ensure an author This expression must be film). With respect to “works”, the Copyright Act is the “maker”, or performer can have their sufficiently permanent or general rule is that the author defined as the person name (or a pseudonym) stable to permit the work to of the work is the first owner who makes the necessary attributed in connection with be perceived, reproduced, or of the copyright in the work. arrangements for the first the work or performance otherwise communicated. However, individuals and fixation of the sounds on that (i.e. in the credits), prevent organizations who are not the record. You can think of the distortion or mutilation of Exporting Art from Canada: A Legal Perspective 7 What is Covered by Copyright? There are four categories of works There are three types of other covered by copyright. subject matter. ARTISTIC WORKS LITERARY WORKS DRAMATIC WORKS MUSICAL WORKS PERFORMANCES SOUND RECORDINGS COMM SIGNALS Includes paintings, Includes books, Includes movies, Sound recordings Covers the rights “Sound recording” means Means radio waves drawings, maps, pamphlets, essays, plays, screenplays, are often fixations of to transmit to the a recording fixed in any transmitted through charts, plans, dictionaries, lectures, scripts, characters, musical works. public, perform, material form, consisting of space without any photographs, speeches, tables, scenes, dialogue (a fix, reproduce (the sounds, whether or not of a artificial guide, for engravings, computer programs, script or screenplay original work or a performance of a work, but reception by the sculptures, and compilations of can be literary works reproduction) or rent excludes any soundtrack public. works of artistic literary works. too). out that work. of a cinematographic work craftsmanship, where it accompanies the architectural works, Any piece cinematographic work. and compilations of for recitation, artistic works. choreographic work or mime, the scenic arrangement or acting form of which is fixed in writing or otherwise. Any cinematographic work and any compilation of dramatic works. Exporting Art from Canada: A Legal Perspective 9 How Copyright Relates to Making Money in Music Musical Work Royalties Sound Recording Royalties Performer’s (“music publishing royalties” (“record royalties” or “master Performance or “songwriting royalties”) royalties”) Royalties PUBLIC PERFORMANCE SYNCHRONIZATION MECHANICAL STREAMING/SALES SYNCHRONIZATION PUBLIC PERFORMANCE Collected by SOCAN. Collected from the producer REPRODUCTION Collected by record label (or LICENSE Collected and distributed of movie/TV show (or other Collected by CMRRA and you, if you release it without a Collected from the producer Derived from the broadcast by Re:Sound (or its affiliates: audiovisual work, i.e. an online SOCAN (which has recently label). of movie/TV show (or other or public performance of ACTRA RACS, Artisti, or video). acquired SODRAC). audiovisual work, i.e. an online a musical work (i.e. at a live Derived from when a sound MROC). For Performers, I video). event or on a radio station). Compensation is negotiated When a master recording recording is sold (in digital or would recommend ACTRA directly with the producer containing a song is sold physical form) or is streamed Compensation is negotiated RACS, Artisti, and MROC. and there are no “set” rates (i.e. when a record/digital on a streaming service (i.e. directly with the producer (although there are industry download is sold). Spotify or Apple Music). and there are no “set” rates Derived from the broadcast or public performance of conventions). CMRRA/SOCAN also have (although there are industry a musical work (i.e. at a live direct licenses with music conventions). PUBLIC PERFORMANCE event or on a radio station). streaming services, which allow royalties that are similar Collected and distributed to mechanical royalties to by Re:Sound (or its affiliates: be paid to songwriters/ Connect Music Licensing, publishers for the songs SOPROQ). For record labels, embodied in the sound I would recommend Connect recordings being streamed. Music Licensing. Derived from the broadcast or public performance of a sound recording (i.e. at a live event or on a radio station.) Exporting Art from Canada: A Legal Perspective 11 Copyrighting Checklist Some useful questions to ask yourself when creating. Are there multiple people involved What type of “work” and/or in the creation of the work or “other subject-matter” am I other subject-matter? Are there creating? contractual arrangements or 11 55 agreements regarding ownership? When did the copyright arise in my work or other If I want to exploit my work free subject-matter? Have of claims from anyone else, do I I fixed it in a “tangible have the necessary contracts and 22 medium of expression”? 66 agreements in place to do that? Are there certain licensing Am I the first owner of the bodies that oversee the work or other payment of certain royalties in subject-matter? respect of the work or other 33 77 subject-matter I am creating? Is there a contract that assigns ownership or Are there certain people or entities certain rights in the work that can help me exploit my work or or other subject-matter to other subject-matter? 44 someone else? 88 Exporting Art from Canada: A Legal Perspective 13 Q+A with Daniel Rosen What is the one part of the What is a common mistake luck and some good advice. Don’t take the first piece of understands the trials and Copyright Act everyone that artists make? Often artists are presented paper that’s thrown at you. It’s tribulations of being an artist, Don’t take the should know? with exclusive deals that have an industry that takes a lot of I bring that perspective to my Trying to find a shortcut to another party promising all work and sometimes you have representation of clients. first piece of Section 3(1) of the Copyright success. In my view, there just sorts of things, including to just be at the right place at Act. It lists what you can do as isn’t one - it’s just something instant success and the right time.

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