Copyright: Home

Fair Dealing is the most common of the Canadian copyright exceptions. Fair dealing allows users to use copyrighted material for research, private study, education, parody or satire, criticism or review, or news reporting (Copyright Act, section 29, 29(1), 29(2)) without infringing copyright. 

Unlike the US's Fair Use exception, Canadian copyright law does not contain a "such as" clause. As a result, the list of fair dealing purposes, as listed in section 29, outlines the complete list of fair dealing allowances (Murray & Trosow, 2020, p.74).

Fair Use is the American counterpart to "Fair Dealing." The US Copyright Act allows users to use copyrighted works "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" (emphasis added; US Copyright Act, section 107) without infringing copyright. 

Unlike Canada's Copyright Act, the US Copyright Act includes "such as" meaning that the list of fair use exceptions is not complete and arguments could and have been made to include more activities, such as parody (Murray & Trosow, 2020, p.74).

Licences are sets of conditions outlined by copyright owners that grant permissions to users for use of copyrighted material. Different licenses outline different permissions, such as individual use (Spotify, iTunes, or Netflix), institutional use (online library resources), or open use (public domain, Creative Commons, and open access resources). As well, initiatives such as Local Contexts are working towards licensing and labelling systems for Indigenous Traditional Knowledges that would outline culturally sensitive conditions for use. 

The owner of a copyright is "usually the author of the work, the employer of the author or any other person (individual or other legal entity) that has obtained ownership through a transfer of ownership such as an assignment" (CIPO, 2019). The copyright owner is entitled to specific rights as outlined by owner's rights. 

Owner's Rights are the series of distinct rights that a copyright holder (which can be the creator/author, the creator/author's employer, or an association) has over the work. These rights include economic rights (core rights and supplemental or subsidiary rights) and moral rights. Economic rights can be held by individuals, groups, or corporations, and can be transferred. Moral rights cannot be transferred and can only be held by the creator and the creator's heirs (not corporations). The term for moral rights is the same as economic rights. 

When the copyright protection period for a work ends, the work automatically enters a metaphorical space called the public domain. Works in the public domain can be accessed by users and can be freely used, adapted, and modified. 

User rights are permissions, conditions, and exceptions that allow a user to use (and even modify or adapt) content without the creator or copyright owner's permission. Examples of user rights include Fair Dealing and Education exceptions. 

(Economic) Supplemental rights: 

• Translation rights - the right "to produce, reproduce, perform or publish any translation of the work" (Copyright Act, section 3(1)(a)).
• Conversion rights - the right:
  • "in the case of a dramatic work, to convert it into a novel or other non-dramatic work" (section 3(1)(b)).
  • "in the case of a novel or other non-dramatic work, or of an artistic work, to convert it into a dramatic work, by way of performance in public or otherwise" (section 3(1)(c)).
  • "in the case of a literary, dramatic or musical work, to make any sound recording, cinematograph film or other contrivance by means of which the work may be mechanically reproduced or performed" (section 3(1)(d)).
  • "in the case of any literary, dramatic, musical or artistic work, to reproduce, adapt and publicly present the work as a cinematographic work" (section 3(1)(e)).
• Public Communication rights - the right "in the case of any literary, dramatic, musical or artistic work, to communicate the work to the public by telecommunication" (section 3(1)(f)). 
• Exhibition rights - the right "to present at a public exhibition, for a purpose other than sale or hire, an artistic work created after June 7, 1988, other than a map, chart or plan" (section 3(1)(g)). 
• Rental rights - the right:
  • "in the case of a computer program that can be reproduced in the ordinary course of its use, other than by a reproduction during its execution in conjunction with a machine, device or computer, to rent out the computer program" (section 3(1)(h)).
  • "in the case of a musical work, to rent out a sound recording in which the work is embodied" (section 3(1)(i)).
•  Distribution rights - the right "to sell or otherwise transfer ownership of the tangible object, as long as that ownership has never previously been transferred in or outside Canada with the authorization of the copyright owner" (section 3(1)(j)). 
• Authorization right - the right to "to authorize any such acts" (section 3(1)) as listed in the core and supplemental rights. 

Moral Rights

• Moral rights - rights held only by creators and their heirs (not corporations) that can be waived (Copyright Act, section 14.1(1)-(4)). Moral rights (and infringements) are as follows:
  • the right of integrity is the right of the creator to maintain the integrity of the creation and can be infringed "if the work or the performance is [altered], to the prejudice of its author’s or performer’s honour or reputation" through distortion, mutilation, or modification, or if "used in association with a product, service, cause or institution" (section 28.2(1)(a)-(b)). 
  • the right of attribution and the right association are the creator's "right[s], where reasonable in the circumstances, to be associated with the work as its author by name or under a pseudonym and the right to remain anonymous." (section 14.1(1))