Copyright Act, RSC 1985, c. C-42, copyright law in the following broad dimensions
Matters protected by copyright are divided into two groups:
works - s.5 as "every original literary, dramatic, musical and artistic work"
"other subject-matter" - not specifically defined, rather just a catch-all
performers' performances ss. 15 and 26
sound recordings s. 18
broadcasters' communication signals s. 21
Economic rights are defined in s. 2 as "copyright" and comprise the rights stipulated in s. 3 in the case of a "work" and the rights stipulated in ss. 15, 18, 21 and 26 as relevant to the particular categories of "other subject matter".
Moral rights as provided for in ss. 14.1, 14.2, 28.1, and 28.2 apply to "works", but not "other subject-matter".
Matters encompassed in "other subject-matter" are known internationally as "neighbouring rights"
Neighbouring must be understood by looking at "droit d'auteur" in civil law jurisdictions to "copyright" in common law jurisdictions.
Droit d'auteur reflects a philosophy of individual and "personal creation" where "the work is part of the personality of the author and remains linked to him"
Therefore it is a natural and therefore individual right and can only originate in an individual and not in a company or corporation".
Copyright lacks this recognition of the close personal link with the author and the inherent connection of a work with the author's persona or personality.
Seen as essentially economic.
"other subject matter" is treated separately in a few ways:
Scope of protection is limited to economic right specifically stipulated for the particular subject matter.
"General" economic rights in s. 3 are not applicable to other subject matter
Protection term is provided separately in ss. 23 and 26(5) and is defined as 50 years from the end of the calendar year in which it was created.
"works" is the life of the author, he remainder or the calendar year in which the author dies, and a period of fifty years following the end of that calendar year.
The omission of anything to do with the author shows the secondary or derivative nature of "other subject matter".
Even a cinematographic work (under dramatic work) that does not feature "an arrangement or acting from or the combination of incidents represented [that gives] the work a dramatic character" (s. 11.1) receives a term of only the remainder of the calendar year and 50 years following.
Except in the case of a performer's performance, a corporation or other non-human entity may create "other subject matter", with regard to "works", there must always be a human author.
Moral rights, or droit moral (significant part of droit d'auteur) have also been adopted in many jurisdictions, (including Canada since 1931), but applies only to "works".
See s. 14.1(1) which establishes moral rights for "the author of a work". An author cannot assign or alienate moral rights, at least inter vivos.
Testimentary and intestate succession is provided for in s. 14.2(2).
Summary of the Copyright Act
Works - full moral rights s 14.1, life plus 50 years s.6
Literary
Dramatic
Musical
Artistic
"Other subject-matter"/Neighbouring Rights 50 years from end of calendar year ss. 23 and 26(5)
Universal protection throughout member countries by either being a national or having a habitual residence in a member country, or by causing the work to be first published in a union country.
"National Treatment" whereby nationals of a country of the union shall enjoy in other countries of the union the same rights that copyright law provides to that country's own nationals, as well as the rights specially granted by the Berne Convention.
The absences of any formalities for the gaining of protection - in effect, copyright is available merely upon the creation of the work, with regard to protection in Union countries outside of the country of origin.
The provision of a general term of protection of the life of the author and fifty years after his death with the ability of countries to grant terms in excess of this term (art 7(6)) and with shorter terms being permitted to continue in the case of countries party to the convention and which have in existence shorter terms of protection.
Universal Copyright Convention
States can retain specified formalities as prerequisites for gaining copyright protection.
States can retain a term of protection defined by reference to a term of years from publication or registration, without necessarily any inclusion of a period determined by the life of an author. In this respect, arts. IV (1) and (2) of Paris 1971 Revision.
The nature and scope of protections afforded under the UCC are specified in a less detailed manner than those stipulated in the Berne Convention.
Copyright Act today uses the s. 5 expression "treaty country" with regard to international protection and in s. 2 defined treaty country as a "Berne Convention country, UCC country, or WTO member"
Key requirements of the WTO concerning IP as set out in the TRIPs agreement:
Berne Convention: for the protection of literary and artistic works
Berne Convention 1971: the Paris Act of the Berne Convention of July 24, 1971
Rome Convention: The international Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, adopted at Rome on October 26, 1961.
WTO Agreement: The agreement establishing the WTO (namely, the Agreement Establishing the WTO drawn at Marrakech on April 1, 1994)
World Intellectual Property Organisation (WIPO)
Two treaties adopted in diplomatic conference:
WIPO Copyright Treaty
WIPO Performers and Phonograms Treaty
Mostly to do with electronic media, stopping people from using in a way not explicitly allowed, or removing protection, etc.
