CLIP Scholarship Seminar Series Event

Copyright 101: An Introduction

Presenter : Tanya HorsleyDate : January 11, 2012

Introductions

•Seminar Series• Scholarship and Research tracks

•New CLIP Research Coordinator• Jeanie Zeiter

•Who am I?• About CLIP

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Disclaimers

•Not a copyright expert•Not original information (selective sources)•Not intended to replace legal advice when

applicable

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Session Outline

•Copyright defined•Overview of Intellectual Property• Important copyright concepts• ‘Your questions answered’•Group quiz!

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Session Objectives

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Why is any of this important?

•Exposed to copyright decisions daily, weekly, monthly….• Downloading photos from the internet • Copying research materials / articles• Developing a materials (e.g. lifelong learning

booklets)

•RC staff both user’s and owners•Rights, responsibilities, and choices to make;

maximize our ability to do so•Consider and understand legal implications

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Forms of Intellectual Property Law

•Patents

•Trademarks

• Industrial designs

• Integrated circuit topographies

•Copyright

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New inventions (process, machine, manufacturer, composition of matter); new or existing invention

Words, symbols, or designs (or combinations) used to distinguish the wares/services of 1 person or organization from those of others in the market place

Visual features of shape, configuration, pattern or ornament (or combination) applied to a manufactured article

Three-dimensional configuration of electronic circuits embodied in integrated circuit products of layouts

What is copyright?

copy•right noun \- rīt\ˌ

: the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of a Work

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Canadian Intellectual Property Office:

‘The exclusive right to copy a creative work or allow someone else to do so’

(Oxford) Pronunciation: /ˈkɒpɪrʌɪt/noun

[mass noun] ‘the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material’

What does this ‘mean’ – the sole right to produce or reproduce a work (or a substantial part of it) in any form.

What are ‘Works’?

• Literary - generally text as opposed to pictures• Books, pamphlets, poems, computer programs

• Dramatic – Something intended to be acted or performed• Films, videos/DVD, plays, screenplays, scripts

• Musical – Compositions that consist of both words, or music alone• Orchestral scores, NBC chimes

• Artistic – Pictures as opposed to text• Paintings, drawings, maps, photographs,

sculptures and architectural works

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Criteria for Protections of Works

•The 3 following criteria NEED to be met:• Originality – cannot be a copy; skill & judgment in

its creation

• Fixation – expressed in some way

• Connection with Canada or treaty country – many countries have signed treaties for minimum standards for copyright

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‘Other subject matter’

•September 1, 1997 provisions added for neighboring rights added for:

Performer’s performances Actors, musicians, dancers and singers have copyrights

in their performances

‘Other subject matter’

•September 1, 1997 provisions added for neighboring rights added for:

Sound RecordingsMakers of recordings, such as records, cassettes, and

compact discs

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‘Other subject matter’

•September 1, 1997 provisions added for neighboring rights added for:

Communication signalsBroadcasters have protections in the communication

signals that are broadcast

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Audience Challenge

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What can’t be copyrighted?

•Titles and short word communications• Ideas: restricted to the expression in a fixed

manner of an idea, not the idea itself•Facts (‘the sun rises in the east…)•Names or slogans•Methods (method of sculpting)•Plots or characters

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Canadian Copyright Fundamentals

• Immediately attributed to the author of any expression of an idea (work) for 50 years

• Unlike the US, no need to file for copyright protection, as it is automatically awarded the author.

• EXCEPTION: Works created during the course of employment are typically owned by the employer, except where there is an agreement to the contrary.

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Increasingly important to consider as we increase scholarship and research

The importance of registering copyright

• Registration is not required for protection in Canada• A certificate of registration of copyright is evidence

that copyright exists & that the person registered is the owner of the copyright.

• Being on the Register of Copyrights may also assist those wishing to seek permission to use the work

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Canadian Copyright Fundamentals

•Where can I find the Copyright Act?•How long does copyright last?•Where can I apply for copyright?•Are Crown Works open access? •Can one application cover several ‘works’?•Do all copyrighted works have to marked

with the copyright symbol?•What do I do if I can’t locate the owner?

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Special rule for Crown Works:Literary, musical, dramatic or artistic works ‘prepared or published by or under the control of Her Majesty or any [federal, provincial, territorial] government department’Copyright belongs to Her Majesty, subject to any agreement with the author

Posthumous Works

• Works that have not been published, performed or delivered in public during the lifetime of the author.

• If created >July 25, 1997, protection is Life + Calendar + 50• If the work was created <July 25, 1997, 3 scenarios:

1.The work of a deceased author that is performed, published or delivered will retain copyright from the date of publication + calendar + 50

2.The unpublished work of an author who was deceased during the 50 years prior to July 25, 1997, retains copyright until December 31, 1997 (the remainder of the calendar year in which Bill C-32 came into force), plus 50 years following the end of that calendar year.

3.The unpublished work of an author who deceased more than 50 years prior to July 25, 1997, retains copyright until December 31, 1997 (the remainder of the calendar year in which Bill C-32 came into force), plus five years following the end of that calendar year.

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Scholarship and Research

•Fair dealing is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work

•6 principal criteria• Purpose • Character• Alternatives• Amount• Nature• Effect

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Is it for research, private study, criticism, review or news reporting? "these allowable purposes should not be given a restrictive interpretation or this could result in the undue restriction of users' rights." In particular, the Court gives "a large and liberal interpretation" to the notion of research, stating that "lawyers carrying on the business of law for profit are conducting research".

Practical Considerations – All Staff

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Will this information be available?

•Shared N: drive • Slides• Copyright ACT• Information pamphlet• Resources list• In development: relevant/applicable RC policy

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Mindfulness of copyright indicators

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Cartoonstock.com

Practical Considerations for the RC

•Ensure disclaimers are included in the work we do

Determine:•where requests will go•who will manage them•criteria for permissions

•Unit by unit decision making re: official vs. assumed copyright•Lifelong learning booklets

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Practical Considerations for the RC

•Develop and document institutional copyright practice and policy to ensure compliance

•Appoint a copyright ‘officer’•Maintain currency•Keep and maintain accurate records of

permission/licensing agreements•Access to a copyright lawyer

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Tools for scholarship & research

Can I post my research publications online?•CLIP Publications

- Sherpa Romeo

When I publish – have I given away ALL of my rights?•Authorship rights

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Final Thoughts

Future work:•Research Staff with academic affiliations / appointments•Staff training/orientation (scholarship & research) re: copyright 101•Awards and Grants

• Policy gap / implications

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Summary

Session objectives:

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Quiz!

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Question 1

Generally speaking, copyright in Canada expires _ years after the death of the author of the work?

Question 2

For the purposes of copyright, posting a document to your institutions website means that you have ‘published’ it.

Question 3

There are ___ Acts within the Intellectual Property Laws

Question 4

US and Canadian copyright policies and laws are equivalent

(trick) Question 5

The RCMP enforces copyright on behalf of individual rights holders.

Resources

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Visit: Public Folders: CLIP Research_Scholarship Materials

Upcoming CLIP Event

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March 20th, 2012

Thank you for

attending