A Guide to Copyrights
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Canadian Retransmission Collective
The Honourable Navdeep Bains, P.C., M.P. Minister of Innovation, Science and Economic Development House of Commons Ottawa, Ontario K1A 0A6 The Honourable Mélanie Joly Minister of Canadian Heritage House of Commons Ottawa, Ontario K1A 0A6 Copyright Board of Canada 56 Sparks St., Suite 800 Ottawa, Ontario K1A 0C9 Re: A Consultation on Options for Reform to the Copyright Board of Canada Attention: [email protected] A. INTRODUCTION Canadian Retransmission Collective (CRC) is pleased to respond to the Government of Canada’s request for submissions of August 9, 2017 to all Copyright Board stakeholders, requesting commentary on the matters raised in the Consultation on Options for Reform to the Copyright Board of Canada (the “Discussion Paper”). CRC is a copyright collective representing thousands of program rights holders. Its affiliates include independent Canadian program producers, the National Film Board of Canada, producers of programs shown on Public Broadcasting Service (PBS) and Réseau France Outremer (RFO), educational TV producers in Canada (except Télé-Québec), all foreign producers and broadcasters outside North America, and producers of music videos used in Canadian programs. CRC’s mandate is to ensure that distant signal royalties reflect an equitable market value and are flowed through to program rightsholders in a timely and efficient manner. Achieving these goals is essential to promoting a copyright ecosystem that encourages the creation and dissemination of new content. CRC fully supports the Government of Canada’s and the Copyright Board’s policy goals in reviewing the legislative and regulatory framework of the powers and procedures of the Board. All stakeholders – copyright owners, intermediaries, and users alike – will benefit from a more efficient Copyright Board process. -
An Act to Amend the Copyright Act
Bill C-32: An Act to amend the Copyright Act Publication No. 40-3-C32-E 20 July 2010 Dara Lithwick Legal and Legislative Affairs Division Parliamentary Information and Research Service Legislative Summary of Bill C-32 HTML and PDF versions of this publication are available on IntraParl (the parliamentary intranet) and on the Parliament of Canada website. In the electronic versions, a number of the endnote entries contain hyperlinks to referenced resources. Ce document est également publié en français. Library of Parliament Legislative Summaries summarize government bills currently before Parliament and provide background about them in an objective and impartial manner. They are prepared by the Parliamentary Information and Research Service, which carries out research for and provides information and analysis to parliamentarians and Senate and House of Commons committees and parliamentary associations. Legislative Summaries are revised as needed to reflect amendments made to bills as they move through the legislative process. Notice: For clarity of exposition, the legislative proposals set out in the bill described in this Legislative Summary are stated as if they had already been adopted or were in force. It is important to note, however, that bills may be amended during their consideration by the House of Commons and Senate, and have no force or effect unless and until they are passed by both houses of Parliament, receive Royal Assent, and come into force. Any substantive changes in this Legislative Summary that have been made since the preceding issue are indicated in bold print. Publication No. 40-3-C32-E Ottawa, Canada, Library of Parliament (2010) CONTENTS 1 BACKGROUND ........................................................................................................ -
Making Archival Material Available on the Internet
Copyright in the Real World: Making Archival Material Available on the Internet by Jean Elizabeth Dryden A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Faculty of Information Studies University of Toronto © Copyright by Jean Elizabeth Dryden, 2008 Copyright in the Real World: Making Archival Material Available on the Internet Doctor of Philosophy 2008 Jean Elizabeth Dryden Faculty of Information Studies University of Toronto ABSTRACT The purpose of this study is to investigate the practices of Canadian repositories in making their archival holdings available on the Internet to see whether they are more or less restrictive than copyright law requires. The Internet provides an opportunity to make archival material more widely accessible; however, repositories’ copyright practices in making their holdings available online may affect the extent to which wider access to archival material is actually achieved. The study employed four different sources of evidence, i.e., the website content of 154 Canadian repositories whose websites feature archival material from the repository’s holdings; copyright policy and procedure documents of those repositories; 106 responses to a questionnaire sent to the staff of those repositories; and 22 interviews with repository staff members. In terms of selection for online access, the study found that the repositories studied prefer to select items that are perceived to incur little risk of copyright infringement (because the copyright has expired or because the repository owns the copyright), or items that require few or no resources to investigate copyright status or obtain copyright authorizations. Thus, with regard to selection, repositories were more restrictive than the law required, largely due to lack of resources. -
Copyright Quiz for Graduate Students
Copyright Quiz For Graduate Students Updated September 2019 Welcome to the Copyright Quiz! The Copyright Quiz is designed to test your copyright knowledge and to help you gain a better understanding of Canadian copyright law. The information will be particularly beneficial if you are a UM graduate student working on your thesis. This Copyright Quiz is for informational purposes only and is not intended to be legal advice. Question 1 True or false? If a work (for example, a photo, diagram, chart, or whole journal article) does not have the © copyright symbol, it’s not protected by copyright and I can add it to my thesis. Answer 1 False In Canada, a work does not require the © copyright symbol to be protected. As soon as a work is in a fixed format (written or printed on paper, saved on a computer, posted to the web, painted on canvas, etc.), it’s copyright protected. However, because the © copyright symbol is required in some countries, it’s advisable to use it for your own works. Question 2 True or false? I can avoid obtaining copyright permission by modifying or adapting an existing work and using the modified version in my thesis. Answer 2 False. Only the copyright owner has the right to change a work. Adapting or modifying usually requires copyright clearance. Keep in mind that copyright protects the expression of an idea, not the idea itself. Therefore, creating your own original work based on an idea is acceptable – that’s why more than one work on any given topic exists – but changing a work likely requires permission. -
Module Ii Copyright and Related Rights
MODULE II COPYRIGHT AND RELATED RIGHTS Introduction General Part II of the TRIPS Agreement sets out the substantive standards for the protection of IP that WTO members should follow. This module outlines the provisions of Section 1 of Part II (running from Article 9 to Article 14), which sets out the protection that members must make available in the area of copyright and related rights – specifically, for literary and artistic works, performances, phonograms (or sound recordings) and broadcasts. This Section has to be read, like all other sections in Part II, together with the relevant provisions of certain pre-existing treaties in the area of international IP law that are incorporated by reference into the TRIPS Agreement. In the case of copyright, the relevant treaty is the Berne Convention; and on related rights, there are certain references to the Rome Convention. The relationship between the TRIPS Agreement and these Conventions is explained in section A3 below. As in the other areas of IP covered by the TRIPS Agreement, the provisions of Section 1 stipulate the minimum level of protection that members have to provide to nationals of other members. In other words, they determine the obligations that such members have towards each other. Given the long history of international cooperation on copyright matters, the national laws in this area are often fairly similar. However, to answer any question the reader may have on how the law applies in any practical situation, the applicable domestic law will have to be consulted. What are copyright and related rights? The term ‘copyright’ in its narrow sense usually refers to the rights of authors in their literary and artistic works. -
Regulations Prescribing Networks (Copyright Act) (SOR/99-348)
Regulations Prescribing Networks (Copyright Act) (SOR/99-348) REGULATORY IMPACT ANALYSIS STATEMENTi (This statement is not part of the Regulations.) Description Bill C-32, An Act to amend the Copyright Act, received Royal Assent on April 25, 1997. Among the measures put in place by this bill are new rights for performers and sound recording makers as well as exceptions for non-profit schools, libraries, archives and museums. There are also two exceptions which take into account the need of both radio and television broadcasters to make temporary copies (i.e., "ephemeral recordings") of performances so as to facilitate programming and broadcasting operations. Without these exceptions, broadcasters would first need to obtain the permission of the copyright owner in respect of each copyrighted work captured on the ephemeral recording. The exceptions are subject to certain conditions and limitations. For example, it is a condition of both exceptions that broadcasters destroy each ephemeral recording within thirty days of its making, unless the copyright owner consents otherwise. Broadcasters must keep a record of the date(s) of both the making and destruction of each ephemeral recording, including any other information prescribed by Regulation. Further, the exceptions are not available in respect of copyrighted works for which a collective society of copyright owners licenses the making of ephemeral recordings. (Note: The text which follows refers to "programming undertakings" and "broadcasting undertakings". These terms include entities such as television and radio stations. Their specific legal definitions are, however, set out in the Copyright Act.) In particular: (a) section 30.8 of the Copyright Act allows a programming undertaking to make, for the purpose of deferred broadcasting, an ephemeral recording of a live performance which incorporates copyrighted works. -
Section 512 of Title 17 a Report of the Register of Copyrights May 2020 United States Copyright Office
united states copyright office section 512 of title 17 a report of the register of copyrights may 2020 united states copyright office section 512 of title 17 a report of the register of copyrights may 2020 U.S. Copyright Office Section 512 Report ACKNOWLEDGEMENTS The publication of this Report is the final output of several years of effort by the Copyright Office to assist Congress with evaluating ways to update the Copyright Act for the 21st century. The genesis of this Report occurred in the midst of the two years of copyright review hearings held by the House Judiciary Committee that spanned the 113th and 114th Congresses. At the twentieth and final hearing in April 2015, the Copyright Office proposed several policy studies to aid Congress in its further review of the Copyright Act. Two studies already underway at the time were completed after the hearings: Orphan Works and Mass Digitization (2015), which the Office later supplemented with a letter to Congress on the “Mass Digitization Pilot Program” (2017), and The Making Available Right in the United States (2016). Additional studies proposed during the final hearing that were subsequently issued by the Office included: the discussion document Section 108 of Title 17 (2017), Section 1201 of Title 17 (2017), and Authors, Attribution, and Integrity: Examining Moral Rights in the United States (2019). The Office also evaluated how the current copyright system works for visual artists, which resulted in the letter to Congress titled “Copyright and Visual Works: The Legal Landscape of Opportunities and Challenges” (2019). Shortly after the hearings ended, two Senators requested a review of the role of copyright law in everyday consumer products and the Office subsequently published a report, Software-Enabled Computer Products (2016). -
The Development and Incorporation of International Norms in the Formation of Copyright Law
The Development and Incorporation of International Norms in the Formation of Copyright Law GRAEME B. DINWOODIE* The means by which international norms are developed and incorporated in the formation of copyright law have changed dramatically in recent years. In this article, Professor Dinwoodie explores the nature of those changes. The classical model of international copyright law afforded countries significant latitude to implement international standards in ways tailored to their own economic and cultural priorities. The lack of an effective method of enforcing international standards consolidated that deference to national autonomy. And international treaties tended merely to codify existing commonly accepted national standards. This model has undergone changes of late, most notably (but not exclusively) in the context of the TRIPS Agreement, which subsumed the principal international copyright obligations within the WTO Dispute Settlement system. This change to the classical model is potentially significant in many ways. Most directly, failure to fulfill international copyright obligations may be met by the imposition of trade sanctions. More broadly, however, the interpretation of international copyright obligations by WTO panels may alter the degree of national autonomy afforded member states and may make international copyright law more forward looking in nature. International copyright lawmaking by activist WTO panels thus may generate costs as well as gains. Professor Dinwoodie considers these issues through an analysis of the first (and, thus far, the only) report of a WTO dispute settlement panel regarding violation of a copyright provision contained in the TRIPS Agreement. This report, handed down in June 2000, found that an exemption introduced into section 110(5) of the U.S. -
Canadiana, the National Bibliography for Canada, in the Digital Age
Date : 04/06/2008 Canadiana, the National Bibliography for Canada, in the Digital Age Liz McKeen, Director, Resource Description Division, Published Heritage Branch, Library and Archives Canada Meeting: 162. Bibliography Simultaneous Interpretation: English, Arabic, Chinese, French, German, Russian and Spanish WORLD LIBRARY AND INFORMATION CONGRESS: 74TH IFLA GENERAL CONFERENCE AND COUNCIL 10-14 August 2008, Québec, Canada http://www.ifla.org/IV/ifla74/index.htm Introduction Good morning. I am very happy to be here this morning, representing Library and Archives Canada (LAC) and discussing Canada’s national bibliography Canadiana in the Digital Age. What I would like to do this morning is to explore with you the changes that are taking place in the concept and the practice of national bibliography in this Digital age. I will focus my remarks on the experiences in Canada, where we are moving towards a redefinition of the scope and nature of the national bibliography, and we are increasingly recognizing the need, and seeking opportunities for, collaboration with others in creating the national bibliography. Digital Publications at Library and Archives Canada (LAC): The Story So Far Legal Deposit of e-Publications In Canada, the legal deposit law was extended to cover electronic publications as of January 2007. This has been significant for us, but not completely new; the National Library of Canada, one of the predecessors of Library and Archives Canada, had been collecting electronic publications since 1994, and we had amassed a small but interesting collection now numbering some 30,000 titles, or 405 gigabytes of data. These titles are almost all “out-of-copyright” or crown copyright materials which we were able to make available to the world on our Website. -
Crown Copyright - an Overview for Government Departments
Crown copyright - An overview for government departments © Crown copyright 2017 This publication is licensed under the Open Government Licence v3.0 Any enquiries regarding this publication should be sent to [email protected]. This publication is available for download at nationalarchives.gov.uk. Crown copyright - An overview for government departments Contents Introduction .................................................................................................................................... 2 What is Crown copyright? .............................................................................................................. 3 Copyright ownership ...................................................................................................................... 3 Re-use of Crown copyright information .......................................................................................... 3 Delegations of Authority ............................................................................................................. 4 Copyright Infringements ................................................................................................................. 4 Publishing ...................................................................................................................................... 4 Departmental Logos....................................................................................................................... 5 Copyright and Publishing Notices ................................................................................................. -
What Does the WTO Analysis of 17 USC ß 110(5) Mean
Sarah E. Henry The First International Challenge to U.S. Copyright Law: What Does the WTO Analysis of 17 U.S.C. ß 110(5) Mean to the Future of International Harmonization of Copyright Laws Under the TRIPS Agreement? 20 Penn State International Law Review 301 (2001) I. Introduction June 15, 2000 was a landmark date in the development of international copyright law. A World Trade Organization ("WTO") dispute settlement body ("Panel") published a panel report, which 2 found that Section 110(5) of the United States Copyright Act of 19761 as amended in 1998, was incompatible with US obligations under the Uruguay Round Multilateral Agreement on Trade- Related Aspects of Intellectual Property Rights ("TRIPS Agreement")3. 4 The Panel has recom- mended that the US amend 110(5) in order to conform with the TRIPS Agreement. 5 At issue was the Fairness in Music Licensing Act ("FMLA"), an amendment to Section 110(5) enacted by Congress in October, 1998.6 The same day FMLA became law on January 26, 1999, the European Community ("EC"), comprised of fifteen-member nations,7 brought a challenge under the World Trade Organization's dispute settlement procedures.8 The EC complaint, fueled initially by complaints from performers' rights organizations,9 concluded that the practical effect of the FMLA resulted in royalty losses totaling approximately Euro 28 million per annum.10 Thereafter, Australia, Brazil, Canada, Japan, and Switzerland joined in the EC complaint, participating in formal discus- 1 United States Copyright Act of 1976, Act of Oct. 19, 1976, Pub. L. No. 94-553, 90 Stat. -
TRIPS Agreement Implications for ASEAN Protection of Computer Technology Marie Wilson
Annual Survey of International & Comparative Law Volume 4 | Issue 1 Article 4 1997 TRIPS Agreement Implications for ASEAN Protection of Computer Technology Marie Wilson Follow this and additional works at: http://digitalcommons.law.ggu.edu/annlsurvey Part of the Intellectual Property Law Commons, and the International Trade Law Commons Recommended Citation Wilson, Marie (1997) "TRIPS Agreement Implications for ASEAN Protection of Computer Technology," Annual Survey of International & Comparative Law: Vol. 4: Iss. 1, Article 4. Available at: http://digitalcommons.law.ggu.edu/annlsurvey/vol4/iss1/4 This Article is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Annual Survey of International & Comparative Law by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. Wilson: TRIPS Agreement Implications TRIPS AGREEMENT IMPLICATIONS FOR ASEAN PROTECTION OF COMPUTER TECHNOLOGY MARIE WILSON· The new Trade-Related Aspects of Intellectual Property Agreement (the TRIPs Agreement), a result of the recent General Agreement of Tariffs and Trade (GATT) Uruguay Round, represents a major step toward providing the global trading system with more effective rules and enforcement procedures for the protection of all forms of intellectual property. The author presents a comprehensive analysis of the TRIPs Agreement requirements and of their ramifications for intellectual property protection and enforcement in the Association of East Asian Nations (ASEAN). The paper concludes with an assessment of the future ofcomputer technology protection in the ABEAN countries. • Marie Wilson obtained her J.D. degree from the University of Minnesota Law School in 1979 and earned her LL.M.