CRI 200 Chapter Notes - Chapter -: Copyright Term, Related Rights, Sound Recording And Reproduction
14 Jan 2017
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WEEK 3 Readings - Murray & Trosow pg. 35-86
Copyrights Scope
● Copyright covers only certain things:
○ Copyright subsists in works and other subject matter
○ For copyright to subsist in a work, an original expression must be fixed in some
tangible form
○ Copyright applies to original expressions, not to facts or ideas
○ Formalities are not required for a copyright interest to arise; the interest exists at
the moment of fixation in a tangible medium of expression
○ Copyright interests are limited in duration, and at the end of the copyright term
the materials enter the public domain
Copyright Subsists in Works and Other Subject Matter
● The current Canadian Copyright Act recognizes four different categories of works -
literary, dramatic, musical, and artistic (all very inclusive) [pgs 38-39 shows 'Works and
Other Subject Matter Covered by Copyright']
● Rights in non-traditional subject matter (Communication Signal, Performer's
Performance, Sound Recording) are often known as "neighbouring rights"
For Copyright to Subsist in a Work, an Original Expression Must Be Fixed in Some
Tangible Form
Originality
● A work must be original in order to gain copyright protection
● Before, the legal test for originality in Canada was that "for a work to be original it must
originate from the author; it must be the product of his labour and skill and it must be the
expression of his thoughts." Then it went to: "For a compilation to be original, it must be
a work that was independently created by the author and which displays at least a
minimal degree of skill, judgement and labour in its overall selection or arrangement."
● Now it is, since 2004, "For a work to be 'original' it must be more than a mere copy of
another work. At the same time, it need not be creative, in the sense of being novel or
unique
Fixation
● Copyright only subsists in works fixed in some tangible form
● there is no fixation requirement on the face of the Canadian statute
● "idea-expression dichotomy": ideas are not covered by copyright; only the embodiment
of the ideas is protected
● In a performer's performance, the Copyright Act is explicit that there is no requirement
for fixation
Copyright Applies to Original Expressions, Not to Facts or Ideas
● Copyright does not apply to ideas or facts, it applies to the way they are presented
● Cant claim ownership rights over facts or ideas because:
○ cultural innovators would be constrained by lack of access to raw materials
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○ would have various deleterious effects on democracy and public discourse
Formalities are Not Required for a Copyright Interest to Arise; the Interest Exists at the
Moment of Fixation in a Tangible Medium of Expression
● copyright exists at the moment an original expression is fixed into some tangible medium
(for copyright's other subject matter, at the moment of broadcast, performance, or sound
recording)
● doesnt matter legally if work is marked with a (c) or is the copyright is subsequently
registered
● copyright marking puts the whole world on notice of your copyright interest
● If you only want "some rights reserved" you can choose a licence through Creative
Commons
Copyright Interest are Limited in Duration, and at the End of the Copyright Term the
Materials Enter the Public Domain
● the duration of a copyright interest is limited in time
● In Canada the term of protection for copyright is generally the life of the author plus 50
years
● At the end of the copyright period, the copyright interest automatically lapses and the
work enters the public domain - the constant renewal of the public domain ensures that
creators have a growing mass of resources with which they can work freely - in both
senses of the word
● different countries - different copyright terms
● Anyone in Canada follows the term stipulated in the Canadian Act, no matter what
citizenship they hold or what the origin is of the material in the question - this includes
websites located on Canadian servers
● Once commercially distributed outside of Canada, Canadian-generated materials are
bound by the copyright terms of those other jurisdictions
OWNERS' RIGHTS
● Each copyright confers the ability to do some specific thing with the material in question,
and also exclude other people from doing so without permission
● Economic rights can be separately deployed: the first owner might keep some, sell or
license others to distinct purchasers under particular conditions, and give one or two
away
● Authors' moral rights can be waived or bequeathed upon death, but not assigned to
others
● Owners' rights are sole rights - "sole" is why copyright is often referred to as a sort of
monopoly
● "derivative rights" - owners' rights to control follow-on use of their work
The Reproduction Right
● Section 3(I) : "the sole right to produce or reproduce the work or any substantial part
thereof in any material form whatever"
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