FTVB 704 Ent. Law Week 4 Copyright (1) PDF

Financing Continued: Review from Last week: - Debt vs Equity - Interim Financing – who are the parties? - Collateral – registration - Personal Property Security Act. (1....

Financing Continued: Review from Last week: - Debt vs Equity - Interim Financing – who are the parties? - Collateral – registration - Personal Property Security Act. (1. Establishes Priority; 2. Puts others on Notice) must be done within 20 days. - Security for a loan vs Securities (investments). Name some examples. 1Presentation title 20XX  Additional Financing - Canada Licence Distributio Licence Tax fee Top n Grants Fees Ups Advances Credits Broadcasters CMF Distribution Private and Provincial Advances Public and Federal (MG) 2 Presentation title 2024 Copyright Alicia C. Ramdeo  Where does copyright begin ? It starts with something unique – but an idea is not enough. It has to be an original work which is fixed in a tangible medium of expression and must satisfy the requirements of Section 5 (1) of the Canadian Copyright Act. https://laws-lois.justice.gc.ca/eng/acts/C-42/ Index.html 4 Important Points to Note In Canada the period of copyright is 70 years following the end of the calendar year after the death of the author. For Corporations it is 70 years. If an author is unknown it is 75 years after the end of the calendar year the work was created. FTVB Entertainment 5 2024 Law Important Points to Note In Canada ALL assignments of copyright MUST BE IN WRITING. An oral agreement cannot convey copyright. FTVB Entertainment 6 2024 Law Exceptions to copyright: Fair Use/Fair US Four Part Test Canada two Part Dealing Test: 1. Purpose and - Fair Use - US character of use; Requires Fair Dealing 2. Nature of to fall under purposes (17 U.S.C. ss. 107) copyrighted work; of research, private Four Element Test; 3. The amounts and study, education, substantiality of the parody, satire. - Fair Dealing - portion used in Canada (C.C.A. ss relation to the PLUS Six Fairness copyrighted work as Factors 29) a whole; and - Two Steps; 4. The effect of the use - Six Fairness upon the value of or Factors the potential market for the copyrighted FTVB Entertainment 7 work. Law 2024 Canadian Exceptions to Copyright Two Part Test: Six Fairness Factors CCH Canadian Ltd. 1. Purpose; v Law Society of Part 1 - Requires Upper Canada 2. Character; Fair Dealing to fall 1 SCR 339; under: 3. Amount; 4. Nature; York University v - Purposes of 5. Effect; Canadian research; 6. Alternatives Copyright - Private study; Licensing Agency - education; 2021 SCC 32. - Parody; - Satire FTVB Entertainment 8 2024 Law  Transformation Transformative use refers to when a user takes a copyrighted work and transforms its nature to such a large degree that it no longer qualifies as infringing. It requires the addition of significant creative elements that sufficiently transform the work into an original expression. (Parody). Has the material taken from the original work been transformed by adding new expression or meaning ? Was value added to the original by creating new information, new aesthetics, new insights and understandings ? FTVB Entertainment 9 2024 Law  Moral Rights - Droit Morale Attribution & Integrity Most entertainment Association contracts will contain Right that protects a clause that asks for Right to always be the integrity of a a waiver of moral identified as the rights. work and the author of a work or reputation of its Lets Discuss. to remain author. anonymous. Eaton Centre Crane Case. FTVB Entertainment 10 2024 Law Down the rabbit hole: More resources to learn from: Copyright Alliance; Creative Commons Blog Front Row; University blogs; Law Firms: Romano Law https://legal.feedspot.com/copyright_blogs/ 11 Thank you ! 12