[d at DCC] Copyright on movies (was Re: Fair use question)
russell at flora.ca
Sun Aug 13 10:36:38 EDT 2006
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
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
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
But remember: The Canadian government believes that "clarifying and
simplifying the Act" is the lowest possible priority for amendments to
the Copyright act.
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!
"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!"
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