Grad Photos

Hells yes. Gonna miss this sexy crew.

Lorraine Fleck

Today we heard from Lorraine Fleck, a Copyright Lawyer who was nice enough to come in and talk to us about not stealing things. Very informative!

1.What is copyright?
Copyright is the exclusive right to reproduce original content and stop others from reproduction that content
Copyright in the U.S & Canada are drastically different

2. What does it protect?
Original, literary, dramatical, musical and artistic works -Literary includes:books, pamphlets, magazines, plays, scripts
Audible music with or without works
Paintings photos, map;s, charts, plans, photos, engravings, sculpture, crafts and architectural works such as buildings, sculptures and models
3. How is copyright created?
The original work is created by a Canadian citizen or citizen of a Berne Convention country
The work must come into physical existence, copyright does not exist on ideas
If the work is published, the work is published in Canada or Berne Convention country
No need to register of mark - if you want to sue for copyright infringement need to have the mark, but you don't need it
4. How long does copyright exist?
Depends on the type of work and whether there are joint authors
Most works = life of the author + rest of the calendar year in which the author died+50 years
Joint authors = term lasts to the end of the 50th year of the last author dies
Unknown author = lesser of the end of the 50th year after publication or 75 years after the work was made
5. Who owns the copyright?
Photograph - the first person who owns the negative of the photo
Employees - employers are the first owner of the works created for the employer by the employee
If your contract states that all creative works made outside of work, even if non-employer equipment is used, the work still belongs to them
6. Who can use copyright materials?
The owner - ownership can be transferred by must be in writing. The ownership transfer agreement usually is called an "assignment"
Copyright ownership transfers always have to be in writing - doesn't have to be notarized in Canada
"Assignment" is technical legal term for ownership transfer
Anyone who has permission "license" the terms of the licenses dictate that the licensee can do under the license. The fee paid under license to the copyright owner "liscensor"is a "royalty"
Liscensor (person that owns the right) licensee (person who has permission)
7. What is copyright infringement?
The making of an unauthorized copy
There must be a substantial portion of the material copied - no hard and fast rule about this, but if you want to take just a snippet of a photo you might be okay - but if its the snippet with the entire essence of the photo you are probably infringing
1 Primary - a copy is made without permission
2. Secondary the sale, rental or distribution of content of materials
8. Are there exceptions to copyright infringement?
Yes but under specific circumstances
Major categories "Fair dealing":
1. Research/Private study
2. Criticism/Review - i.e. movie review/critique,
3. News Reporting - must state who the author of the material is
While not limited to private or non-commercial contexts, not very useful for advertisers, no advertising specific exception.
Parody is NOT currently an exception in Canada

Moral Rights -What are they?
The authors right to:
1. Retain the integrity of the work, cant be cropped or mutilated, destroyed
1. Not have her/his work distorted
3. Have his/her name associated or not with the work, i.e. Banksy can enforce his work only to be associated as "Banksy"
Activities must be shown to be to the detriment of author's honour/reputation
Eaton Center got sued by Michael Snow because of the red ribbons they put on the Michael snow geese because it was infringing on his moral rights
Read the story here: http://en.wikipedia.org/wiki/Snow_v._The_Eaton_Centre_Ltd.