[d at DCC] Copyright on movies (was Re: Fair use question)

[Russell McOrmond]

Robert Smits wrote:
> It appears to me to be clear, but I'm no lawyer, either. If you look at the 
> act, section 17 appears to say that once they authorize the incorporation of 
> the music, they can no longer exercise copyright in relation to that 
> performance (the one that's incorporated).

   Remember that there is more than one "they" that you have to be 
concerned with:

   a) There is the performer (A neighboring rights holder) who has a 
copyright on their performance.

   a) There is then the author of the music (the tune, the lyrics, etc) 
who has a performance right as part of their copyright.


   It is this second copyright holder that I was concerned with, as I 
believed (and need to check) that the copyright on the performers 
performance would expire at the same time (or before) the expiry of the 
movie.

   I have to dive into my copy of the annotated copyright act to know 
for certain the publication+50 for the movie, and there is a possibility 
that I have made the all-too-common mistake of confusing US law with 
Canadian law.   While we like to concentrate on the bad changes that 
have been made to US law in recent years (DMCA, and even worse 
proposals), we need to remember that for protecting the rights of the 
follow-on creator and users that US law was previously more balanced and 
clear than Canadian law.


   If you scan the Canadian act you will see many different places where 
copyright term is discussed, with a lot of different and confusing 
exceptions.

But remember:  The Canadian government believes that "clarifying and 
simplifying the Act" is the lowest possible priority for amendments to 
the Copyright act.

http://strategis.ic.gc.ca/epic/internet/incrp-prda.nsf/en/rp00863e.html


P.S. I mention this often as I believe we should later start a petition 
and letter writing campaign to promote the idea that this should be the 
first priority, and a required test for any other changes to the act.

-- 
  Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
  Please help us tell the Canadian Parliament to protect our property
  rights as owners of Information Technology. Sign the petition!
  http://www.digital-copyright.ca/petition/ict/

  "The government, lobbied by legacy copyright holders and hardware
   manufacturers, can pry my camcorder, computer, home theatre, or
   portable media player from my cold dead hands!"