Be fixed work must be connected to canada created in

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Unformatted text preview: ts All states have similar acts UNIVERSITY OF ALBERTA CRITERIA FOR PROTECTION • Criteria for Canadian copyright protection – – – Work must be original Work must be fixed Work must be connected to Canada • • • Created in Canada or Created by a Canadian or Created by a person resident in a treaty member state UNIVERSITY OF ALBERTA • • RIGHTS OF COPYRIGHT Prevent publication by others OWNER Transfer or license in exchange for royalties – • • May separately alienate aspects of whole bundle Transfer as gift Convert work into different forms – E.g. convert novel into sound recording UNIVERSITY OF ALBERTA FORMS OF EXPRESSION • Forms of expression protected by copyright – – – – – – – Literary works Dramatic works Musical works Artistic works Performances Sound recordings Communication signals UNIVERSITY OF ALBERTA FORMS OF EXPRESSION • Forms of expression not protected by copyright – – – – – Slogans Short phrases Titles for songs Names of computer programs Factual information UNIVERSITY OF ALBERTA COPYRIGHT – PROTECTION • Copyright (©) is a bundle of rights including – – – – – – The right to produce The right to reproduce The right to translate The right to publish The right to publicly perform (in some cases) The right to authorize someone else to exercise those rights UNIVERSITY OF ALBERTA COPYRIGHT – PROTECTION • Copyright procedural protection – Notice requirement • – No notice required however recommended to defeat defense of innocent infringer Registration • • • Establishes public record Allows for damages and attorney fees Registration required if one wants to bring suits UNIVERSITY OF ALBERTA COPYRIGHT – PROTECTION • Author generally owns copyright – – • Authorship creates copyright protection Author distinct from owner Exceptions – Employment context (work for hire) • • – Commissioned work • – Employer employees a person to create copyright work Employer generally owns copyright Copyright transferred if purchased by commission Independent contractor • Contract should expressly transfer to business UNIVERSITY OF ALBERTA COPYRIGHT – PROTECTION • No formalities are required to establish a copyright – – – – No requirement to use © or the word copyright No requirement to disclose the copyright owner No requirement to state the date when the work was first published No requirement to register UNIVERSITY OF ALBERTA COPYRIGHT – PROTECTION • Copyright procedural protection – Notice requirement • – No notice required however recommended to defeat defense of innocent infringer Registration • • • • Establishes public record Allows for damages and attorney fees Registration required if one wants to bring suits Allows copyright owner to register with Customs UNIVERSITY OF ALBERTA COPYRIGHT – DURATION • Author’s life + number of years (50 vs. 70 years) – – • Canada (50 years) USA/UK (70 years) Work subsequently falls into public domain – – – Works belong to world at large Works can freely be used by anyone Voluntary registration recommended (© + date + owner) UNIVERSITY OF ALBERTA • COPYRIGHT – LICENSING Copyright collectives SCHEMES – • Organization administers rights for members Blank audio recording media levy – Copyright violation compensation scheme • • • • Fee added to price of blank recording materials Money collected by copyright collectives Collectives dis...
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This document was uploaded on 01/23/2014.

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