Copyright Information PDF

Summary

This document provides an overview of copyright law in Canada. It explains what copyright is, the registration process, and the different types of works protected under Canadian law. It also discusses how copyright applies to other subject matter, such as performer's performances, sound recordings, and communication signals.

Full Transcript

Copyright Lesson Information: Updated information can be found by visiting Access Copyright (http://accesscopyright.ca/). The following excerpt is used with permission from the Copyright and Industrial Design Branch of the Canadian Intellectual Property Office (CIPO), a special operating age...

Copyright Lesson Information: Updated information can be found by visiting Access Copyright (http://accesscopyright.ca/). The following excerpt is used with permission from the Copyright and Industrial Design Branch of the Canadian Intellectual Property Office (CIPO), a special operating agency of Industry Canada. Understanding Copyright — The Basics Purpose of this guide This guide explores what copyright is, the registration process and the benefits of registration. It is not intended as a complete text on Canadian law regarding copyright or a substitute for advice from a legal professional knowledgeable in the area of intellectual property. Protecting valuable creations A poem, painting, musical score, performer's performance, computer program—all are valuable creations, although perhaps no one can measure their worth. Some may earn a lot of money in the marketplace and others none at all. Regardless of their merit or commercial value, Canadian law protects all original creative works, provided the conditions set out in the Copyright Act have been met. This means that if you own the copyright to a poem, song, or other work, you have rights that are protected under the Copyright Act. Simply put, the Act prohibits others from copying your work without your permission. Its purpose, like that of other pieces of intellectual property legislation, is to protect copyright owners while promoting creativity and the orderly exchange of ideas. What is copyright? In the simplest terms, "copyright" means "the right to copy." In general, copyright means the sole right to produce or reproduce a work or a substantial part of it in any form. It includes the right to perform the work or any substantial part of it or, in the case of a lecture, to deliver it. If the work is unpublished, copyright includes the right to publish the work or any substantial part of it. Copyright means the sole right to produce or reproduce a work or a substantial part of it in any form. Copyright also applies to other subject-matter consisting of performer's performances, sound recordings and communication signals. For these, the applicable rights may differ somewhat. For example, the copyright in a sound recording consists of the sole right to publish the sound recording for the first time, to reproduce it in any material form, to rent it out and to authorize any such acts. People occasionally confuse copyright with patents, trademarks, industrial designs and integrated circuit topographies. Although all of these are forms of intellectual property, they differ as follows: · Copyright provides protection for literary, artistic, dramatic or musical works (including computer programs) and other subject-matter known as performer's performances, sound recordings and communication signals. · Patents cover new inventions (process, machine, manufacture, composition of matter) or any new and useful improvement to an existing invention. · Trademarks may be one or a combination of words, sounds or designs used to distinguish the goods or services of one person or organization from those of others in the marketplace. · Industrial designs are the visual features of shape, configuration, pattern or ornament, or any combination of these features, applied to a finished article. · Integrated circuit topographies refer to the three-dimensional configurations of electronic circuits embodied in integrated circuit products or layout designs. What is protected by copyright? Copyright applies to all original literary, dramatic, musical and artistic works provided the conditions set out in the Copyright Act have been met. Each of these general categories covers a wide range of creations, including: · literary works: books, pamphlets, computer programs and other works consisting of text; · dramatic works: motion picture films, plays, screenplays, scripts, etc.; · musical works: musical compositions with or without words; and · artistic works: paintings, drawings, maps, photographs, sculptures, plans, etc. Copyright also applies to subject-matter other than works, consisting of: · performer's performances meaning any of the following when done by a performer: o a performance of an artistic, dramatic or musical work, whether or not the work was previously fixed (recorded) and whether or not the work's term of copyright protection has expired; o a recitation or reading of a literary work, whether or not the work's term of copyright protection has expired; and o an improvisation of a dramatic, musical or literary work, whether or not the improvised work is based on a pre-existing work. · sound recordings: recordings consisting of sounds, whether or not a performance of a work, but excludes any soundtrack of a cinematographic work where it accompanies the cinematographic work; and · communication signals: radio waves transmitted through space without any artificial guide, for reception by the public. The following is from Access Copyright (formerly CanCopy) You Can Always Copy anything with the permission of the copyright owner all or part of a work for private study, research, criticism, review or news reporting, if what you do is “fair dealing” insubstantial parts of a work works published during the author’s lifetime, if the author died more than 50 years ago (but not recent translations or annotations of such a work) if an exception in the Copyright Act applies You may make copies, for school purposes, of excerpts of up to 10% of books, journals, magazines and newspapers. The 10% limit may be exceeded if required to copy: an entire chapter that comprises 20% or less of a book an entire article or page from a newspaper, magazine or journal an entire short story, play, essay or poem an entire entry from a reference work an entire reproduction of an artistic work from a publication an entire reproduction of a musical work provided that, if taken from a book, does not comprise more than 20% of that book up to 100% of reproducibles, including assignment sheets and backline masters an entire choral, orchestral work, or other commercially available sheet music You can also: scan and save post scanned materials to a secure network project and display scanned copies for presentations to students on an overhead projector, LCD or plasma monitor, or interactive whiteboard You must: · ensure that the author’s name and the source appear on at least one page of your copies. If necessary, write them down on one of the pages · respect the moral rights of authors · limit the number of copies to one per student, two for the teacher and a reasonable amount for administrative purposes, to contact parents and the community and to allow on-site consultation or loan at a library You are not authorize to: · intentionally “split” copying runs to exceed the limits mentioned above · copy instruction manuals or teachers’ guides · make course packs (a set of copies totaling fewer than 20 pages and coming from fewer than four sources is not a course pack) · copy publications containing a notice prohibiting reproduction under a license with a collective society

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