[d at DCC] Movie copyright duration

Jonathan Addleman jonathan.addleman at mail.mcgill.ca
Fri Jul 27 00:10:02 EDT 2007


Simon Valiquette wrote:
> Jonathan Addleman un jour écrivit:
>> Simon Valiquette wrote:
>>>    I am very confident that the original work is in the public domain in 
>>> Canada.
>> 
>> Why is that? Who are you considering as the author?
>> 
> 
>    It doesn't matter in the particular case of a movie or a photography. 
> If I believe this law, the copyright is basically valid in Canada for at 
> most 51 years after the publication, not the death of the author.

I think you're missing the 'Except' at the beginning of paragraph 11.1.
The '50 years from publication' seems to apply only to non-dramatic works.

11.1 states that "Except for cinematographic works in which the
arrangement or acting form or the combination of incidents represented
give the work a dramatic character, copyright in a cinematographic work
or a compilation of cinematographic works shall subsist..." for the 50
years. But for those movies with 'dramatic character', it's the usual
life+50.  Maybe I'm misreading it... But CIPO, on
http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/copy_gd_protect-e.html gives
the example of home movies for something where 50 years after
publication would apply.

I can't say I'm completely understanding what 'in which the arrangement
or acting form or the combination of incidents represented give the work
a dramatic character' means though. It's vague at best...

-- 
Jon-o Addleman - http://www.redowl.ca


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