Copyright Law Fall 2024 Week 1 - Durham College PDF

LAWW 2100 Copyright Law - Fall 2024 Week 1 Questions? [email protected] Introduction  Ice Breaker Your Name? Your Favourite Concert? Your All Time Favourite Band? What Are You Currently Listening To? Are you Taking...

LAWW 2100 Copyright Law - Fall 2024 Week 1 Questions? [email protected] Introduction  Ice Breaker Your Name? Your Favourite Concert? Your All Time Favourite Band? What Are You Currently Listening To? Are you Taking 3rd Year? What Do You Want To Do After Graduation?  Agenda Topics of Discussion for the Semester History of Copyright in Canada International Treaties Intellectual Property Copyright Definition Copyright Act of Canada Copyright Reform Types of Works Rights in a Song Discussion Topics Q&A Important Dates & Assignments October 21-25 - Reading Week (No Class) Class Conduct & Etiquette Communication Respect Engagement Attendance Cellphones & Computers Guest Speakers Course Outline Found in the Contents Tab of DC Connect Semester Copyright Topics List of Subject Matter we’ll be looking at this semester (not limited to): Fair Dealing (Fair Use in USA) Global Durations of Copyright Bundle of Rights Creative Commons Roles of Collectives & Rights Management Organizations (CMRRA, SODRAC, Re:Sound, etc..) Canadian Copyright Law vs US vs Global Music Publishing - what does it entail, process of licensing a song, compliance of copyright law Trademarking A.I and ownership of Copyright Quiz / Test Preparation The week before each quiz or test we will review what material you should study up on! History of Copyright in Canada The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. Back in 1841 - technology and formats were substantially different from the world today. The need for amendments to the Copyright Act of Canada to include new age technology and formats. Copyright protection on tangible mediums such as computers and cellphones etc… Copyright Act of Canada Created in 1921 and came into force in 1924. This federal statute governing copyright Law in Canada. It is jointly administered by the Department of Industry Canada and Department of Canadian Heritage.  Copyright Act of Canada Rights Granted Copyright grants the sole and exclusive right to create and recreate a work whether wholly or substantially. It also includes the sole rights to: perform the work in public In the case of a literary, dramatic or musical work: to produce, reproduce, perform or publish any to make any sound recording, cinematograph film translation of the work, or other contrivance by means of which the work in the case of a dramatic work, to convert it into a novel may be mechanically reproduced or performed or other non-dramatic work, to reproduce, adapt and publicly present the work in the case of a novel or other non-dramatic work, or of as a cinematographic work an artistic work, to convert it into a dramatic work, by to communicate the work to the public by way of performance in public or otherwise telecommunication to rent out a sound recording in which the work is embodied and more.... International Treaties The Berne Convention: Created in 1886 - requires protection for all creative works in a fixed medium to be automatic. Duration: 50 years after the author's death (except photographic (25 years) and cinematographic (50 years after first showing). Almost every country in the world is a signatory of the Berne Convention and the few that aren’t are observers of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. International Treaties Universal Copyright Convention (UCC): Created in 1952 - The UCC was developed as an alternative to the Berne Convention for the countries that disagreed with some aspects of the Berne Convention but still wished to have some form of copyright protection. This included the USA in the 50’s until eventually the USA joined the Berne Convention in 1989. While no creative work is automatically protected worldwide - these international treaties provide protection automatically for all creative works as soon as they are fixed in a medium (written down, recorded, etc…) in the creators' respective country.  Intellectual Property What is Intellectual Property? Intellectual property is an intangible and created asset that has legal protection from unauthorized uses, distribution or sale. Intellectual Property (IP) covers products, artistic (music in this example) or literary works, inventions, logos and other things that are created and have legal protection as an intangible asset. The owner of the IP has legal rights over how the asset is used. It cannot be sold or used without permission.  Intellectual Property Main Types of Intellectual Property: Patents (Insulin) Copyrighted Material (Tangible Music, Song Lyrics, etc..) Trademarks (Nike Swoosh Logo, Catch Phrase, Specific Designs) Trade Secrets (KFC Recipe)  Copyright Definition What Is Copyright? Copyright is the exclusive legal right, given to an originator or an assignee to print, publish, perform, film or record literary, artistic or musical material and to authorize others to do the same.  Copyright Definition Intellectual Property - A copyright can be placed on intellectual property and differs from a trademark, patent or trade secret. Protection - Copyright is a form of protection granted to creators of original work - music, literature, dramatic works, artistic works. Exclusive Rights - Copyright gives creators the exclusive right to reproduce, perform or publish their works, and to authorize others to so Copyright Protection How does a song/works qualify for Copyright Protection in Canada? Must be Original Must be Fixed (permanent onto some form of medium) Must be created by a citizen of Canada (or signatory treaty)  Copyright Reform Associated with Copyright Reform is the Copyright Modernization Act - in 2012 they implemented a Mandatory review of Copyright laws every 5 years. Effective December 30 2022: 1. If the creator died in 1971 or earlier - the copyright has expired and the works are now public domain. (previous 50 years before reform) 2. If the creator died in 1972 or later - the copyright is protected for their life plus 70 years.  Types of Works There are different types of works when it comes to copyright. Derivative Works Arrangements Compilations Commissioned Works Let’s hear an example for each. Who owns the copyright on each? What/Do permissions need to be acquired?  Types of Works Derivative Works New work is based on an existing work - becomes a *second* work Must meet definition of original (substantial part) Creator of new work must get permission to use pre-existing work Shares determined by negotiation Arrangements Adaptation of a work Retains the general character of the original work originally written for cello re-written for piano New arrangement of PD work could be protected  Types of Works Commissioned Works Person who commissioned the work is considered the “first owner” unless there is an agreement to the contrary Songwriter/composer keeps songwriter share Two sides of the industry - where you are matters! Compilations Copyright subsists in: the compiled work as a whole and within each work in the compilation Person who put compilation together owns whole work Individual works making up the compilation are still separately owned (composition and recording)  Rights in a Song What are the two sides of a song? Recording = Tangible Recording owned by Artist or Record Label Publishing = Composition… the IP of the idea of the song.  Discussion Time! Questions to get your collective brains thinking on the subject of Copyright Ownership: What do you think about having to ask permission to use someone else's work? As a creator - What would your take be on allowing someone else using your work? Happy Birthday! Happy Birthday! Think about the song “Happy Birthday” - what's the history behind it? Have you ever noticed that at restaurants the staff would sing their own rendition of Happy Birthday that would not be indicative of the original song? Well - there's a reason for that: Happy Birthday! Are We Allowed to Sing It? Many people may not have realized that up until the year 2016, “Happy Birthday to You” was actually illegal to sing publicly unless you paid a hefty fee. Singing it publicly could include on T.V., radio or just at a party place. This was due to the copyright that was registered in 1935 and not set to expire until 2030. This changed though once a U.S federal judge ruled that the copyright claim was not valid and the song had no other claim to copyright, placing it in the public domain, and making it free to sing for all. Congratulations! You made it through your first Copyright Law class! As mentioned - these slides will be saved on DC Connect as a reference point for you and will be invaluable for studying for your upcoming quizzes and tests. Any questions? Email: [email protected]