All Rights Reserved | Lorraine Fleck

This week we take a different direction and peek into the world of Canadian Copyright Law with Lorraine Fleck, Lawyer and Trade-mark agent with Hoffer Adler LLC.

MINIBIO

Lorraine has been coming to Sheridan to talk about the ins and outs of the world of copywrite law and how it affects us as students and as designers for a few years. In her real job though Lorraine deals with advertising and marketing, contest, copyright, information technology, licensing and distribution, packaging and labeling, privacy and trademark law issues in the Canadian courts.

THE WISDOM
1997 was 15 years ago. That's also when the Canadian Copyright Legislation was last revisited and defined. Seems like a lot has changed in the past 15 years that would really require the laws to be updated. Let's hope they are soon. Also, it's important to know the the laws in Canada and quite different from those in the United States. So what exactly does the current Canadian Copyright law state?

CANADA SAYS
WHAT IS COPYRIGHT?

The exclusive right to reproduce original content and stop others from reproducing that content. This means that you must get others permission to use their content unless your activity falls within an exception to infringement. It does apply to the internet!

WHAT DOES COPYRIGHT PROTECT?

ORIGINAL literary, dramatic, musical and artistic works
HOW IS COPYRIGHT CREATED?

Original work is selected by a Canadian citizen or citizen of a Berne Convention country
The work must come into physical existence
No need to register or mark (e.g. ©2012, Lorraine M. Fleck)
HOW LONG DOES COPYRIGHT EXIST?

Most works: life of the author + 50 years
Joint Authors: Term lasts to the end of the 50th year of the last author death
Unknown Author: End of the 50th year after publication or 75 years after the work was made
Photographs: To the end of the 50th year from the making of the initial work
Movies: To the end of the 50th year from the first publication
Sound Recordings: 50 years from when first recorded
Broadcasters: 50 years from communication

WHO OWNS COPYRIGHT?

Usually the person who creates the copyright work, but there are exceptions.
WHO CAN USE COPYRIGHT MATERIALS?

The owner: Ownership can be transferred, but must be in writing
Anyone who has permission "License". License determines what user can do
Licensee: Buyer/user
Licensor: copyright owner

WHAT IS COPYRIGHT INFRINGMENT?

The making of an unauthorized copy
There must be a substantial portion of the material copied.
No hard and fast rules as to what is substantial
Test is quality, not quantity. Does the copy take enough of the work so to convey at least a portion of the value of the work?
EXCEPTIONS (FAIR DEALINGS)

Research private studies (can be for commercial use)
Criticism/review
News reporting
Fair dealing has specific factors:
  Purpose
  Character
  Amount
  Nature (of work)
  Available alternatives
  Effect (of the dealing on the work)
WHAT ARE MORAL RIGHTS?
The creator/authors have the right to:
Retain integrity of the work;
Not have work distorted;
Name associated or not associated with the work
Activities must be shown to be the determent of authors honour/reputation
Cannot be transferred, but can be waived
Can prevent you from altering content

SO?

Now we're all a little more wise on the legalese of Copyright Law. While a major update is certainly well overdue knowing what exactly is required of us as designers and how we can protect ourselves in the current market is a leg up, certainly. It's also a relief to know that there are people out there like Lorraine that can help should any issues arise in the future. Just remember, it's always easier to ask permission than forgiveness.

Need more? Say hi: Lorraine on Linkedin.