FROM THE OFFICES OF LESLEY ELLEN HARRIS
Copyright, New Media Law & E-Commerce News

6 June 2016
ISSN 1489-954X

5 Myths About Canadian Copyright Law (with U.S. Comparison)

Does fair use exist in Canada?  Do you have to register a work to be protected by Canadian copyright law?  Does Canada belong to the international treaties on copyright?  

MYTH #1:  Ideas are protected by Canadian Copyright Law.

Ideas, facts, history and news are not protected by Canadian copyright law.  It is the expression of ideas, etc., that are protected by copyright. (Ideas, facts, history and news are also not protected by copyright law in the U.S.)

MYTH #2:  Canada’s copyright duration of life plus 50 is inconsistent with the international norm.

The international norm for the duration of copyright protection is life of the author plus fifty years.  This is set out in the leading international copyright treaty, the Berne Convention. However some countries, including the European Union countries, go beyond this norm and now provide copyright protection for life-plus-70. Canada has now extended the protection of copyright in performances and sound recordings to 70 years after the release date of the sound recording. This new term is effective 23 June 2015. (The general rule for copyright duration in the U.S. is life plus seventy years.)

MYTH #3:  The Canadian Copyright Act has been rewritten twice in the past century.

The current Canadian Copyright Act was enacted in 1924 and has never been replaced by an entire new Act.  The current Act has, however, been amended a number of times.  Current Canadian government initiatives are to amend the Act rather than overhaul it and replace it with an entirely new Act. The most current major amendments to the 1924 Act are in Bill C-11, the Copyright Modernization Act, which received royal assent on 29 June 2012.  (The U.S. Copyright Act has been overhauled a number of times, most recently in 1976.)

MYTH #4:  Creators in Canada must register their works in the Canadian Copyright Office.

Copyright is automatic upon the creation of a work in a fixed form.  One may register their works with the Canadian Copyright Office and will then receive some benefits should they ever enforce their rights in a legal suit.  However, registration is not mandatory for copyright protection. (Registration is currently voluntary in the U.S. however registration is necessary for Americans who pursue a copyright infringement claim in the U.S.)

MYTH #5:  Canada is not a member of the World Intellectual Property Organization (WIPO) leading treaty on copyright, the Berne Convention.

Canada joined the Berne Convention in 1928.  In addition, Canada joined the two WIPO digital/Internet treaties in 2014. (The U.S. joined Berne in 1989 and the two WIPO Internet treaties in 2002. )

Interested in reading more about copyright myths in Canada? Read 10 Myths About Canadian Copyright Law to ensure your knowledge about Canadian copyright law is accurate.

Courses:

Canadian Copyright Law eTutorials, Fall 2016

Every country has its own unique copyright laws. In the Fall of 2016, Copyrightlaws.com is offering a series of five eTutorials for Canadians who need information on what's in the Canadian Copyright Act, how global copyright law affects Canadians, when and how to obtain permission to use a copyright-protected work in Canada, digital copyright management, and how to minimize the risk of copyright infringement. The series of eTutorials is available by invitation only. Request your invitation today!

Copyright, New Media & E-Commerce News is distributed for free by Lesley Ellen Harris, www.copyrightlaws.com. Information contained herein should not be relied upon or considered as legal advice. Copyright 2016 Lesley Ellen Harris. Please share!