COPYRIGHT INFORMATION
Copyright has a long tradition. The first U.S. copyright law came into effect on May 31, 1790.
If it's worth publishing, it's worth paying
for, every time.
(Larry Jackson, past
President of Professional Writers Association of Canada)
|
NEW:
A judge in New York rejected a deal between Internet search leader
Google and the book industry that would have put millions of volumes
online, citing anti-trust concerns and the need for involvement from
Congress while acknowledging the potential benefit of putting
literature in front of the masses. U.S. Circuit Judge Denny Chin in
Manhattan said the creation of a universal library would "simply
go too far," and he was troubled by the differences between
Google's views and those of everyone affected by the settlement.
Still, he left the door open for an eventual deal, noting that many
objectors would drop their complaints if Mountain View, Calif.-based
Google Inc. set it up so book owners would choose to join the library
rather than being required to quit it.
Letters from
Canadian authors about the current Copyright Bill
1.
Have you ever
had the kind of job where the more experience you gain the less money
you earn? Thats the reality of being a writer in Canada.
Ive been freelancing for national and regional magazines and
newspapers, and writing books for 17 years. Ive earned awards
and have a bestseller under my belt. Ive worked hard to hone my
craft and tell Canadians stories that reflect who we are, but the
rates I get paid have either stayed the same for nearly two decades
or dropped over the years. Meanwhile, my bills keep going up. 2.
Date: Mon, 22 Nov 2010 I want to add my voice to that of other authors who worry about our future if the Copyright bill passes as written. Writers cannot afford to work for nothing. Bill C-32 risks all author income, not just textbook royalties. As a former teacher, I know how common it is to copy a single story from an anthology, or a few key pages from a work of fiction or non-fiction. Thanks to Access Copyright, we have been paid for copies made by schools, universities, libraries and copy shops. But even that is a pittance compared to proper compensation. In one case, a school copied an entire chapter from one of my books to pass out to students, when they could have purchased a class set of the book, directly from me, for less than $100. Even when I've done readings at a school, they often buy only one copy of each of my books, and a few schools haven't even done that! They expect us to entertain the class and offer some insight into being a writer, without being paid even an honorarium. I know school budgets are tight, but the answer is better funding for schools, not the theft of copyrighted material from authors. If this bill passes, few books will be published, and fewer authors will be able to continue to write Canadian fiction and non-fiction. Instead, they will write for websites in the U.S. and abroad, for U.S. magazines (who pay much better than Canadian ones!), and for corporate clients.
The loss, in terms of Canadian culture is serious.
Here's a quote from the past-president of the Professional Writers'
Association of Canada:
Barbara Florio Graham |
CANADA:
From The Canadian
Intellectual Property Office: www.cipo.ic.gc.ca
In the simplest terms,
"copyright" means "the right to copy." In
general, only the copyright owner, often the creator of the work, is
allowed to produce or reproduce the work or to permit anyone else to
do so.
www.copyrightlaws.com/
(a guide to copyright law in Canada). Copyrightlaws.com hosts
the following blogs:
www.copyrightanswers.blogspot.com
- a forum for the public to ask their copyright questions and get
quick and practical answers.
www.copyright49.blogspot.com
- a site dedicated to the comparison of U.S. and Canadian copyright issues.
www.licensingdigitalcontent.blogspot.com
- the e-companion to the print book, Licensing Digital
Content: A Practical Guide for Librarians, and a place to
discuss licensing issues from the content owner and
consumer/librarian perspectives.
By following any of the above blogs,
you will be kept up to date when new postings are made to them.
http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/copy_gd_main-e.html (the Canadian Intellectual Property Office's "A Guide to Copyrights")
www.accesscopyright.com (the Canadian Copyright Licensing Agency)
Canadian Copyright Law, by Lesley Ellen Harris (McGraw Hill Ryerson)
http://blog.sarahsheard.com/ current information from the chair of the Contracts Committee of The Writers Union.
http://www.trytel.com/~pbkerr/copyright.html
Copyright Law in Canada, an article by Philip B. Kerr,
of Bowley, Kerr, Nadeau, Ottawa patent, trademark,
and copyright lawyers.
http://www.cippic.ca/en/faqs-resources/copyright-law/#faq_moral-rights
http://www.pwac.ca/resources/copyright.htm
Canadian Copyright: a Citizen's Guide: see review HERE
Ivan Hoffman, Literary & Entertainment lawyer: http://www.ivanhoffman.com/
A definition of the Digital Millenium Copyright Act:
en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act
http://badwritingcontracts.wordpress.com/publications-list/
http://creatorscopyright.ca/
http://www.facebook.com/group.php?gid=6315846683
U.S.
lcweb.loc.gov/copyright/ (US Library of Congress)
www.ifla.org/documents/infopol/copyright/usbasics.txt (US copyright law)
http://www.copyright.gov/help/faq/faq-infringement.html
http://www.copynot.com/Index.html
http://www.YourIPAttorney.com (Phil Marcus is an expert in copyright and trademark law)
Contact Joel Friedlander at The Book Designer to obtain a free report explaining copyright (from the U.S. perspective), geared toward publishers.
www.publaw.com
The Publishing Law Centre included information for publishers,
authors, editors, webmasters, and freelancers
Using trademarks: http://www.publaw.com/fairusetrade.html
The U.S. Copyright Office is now accepting
copyright registration applications online. See:
http://www.copyright.gov/eco/index.html
The U.S. Patent & Trademark Office: http://www.uspto.gov/
Pearson Prentice: Hall Author's Guide on Copyright and trademarks: http://tinyurl.com/2wvq7om
www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm
a chart showing the difference between copyright
and public domain
The Writer's Legal Guide: An Author's Guild Desk Reference (Allworth Press)
Fair Use, Free Use and Use by Permission, by Lee Wilson (Writer's Digest Books)
From Pen to Print: The Secrets of Getting
Published Successfully (Henry Holt, 1990)
Every Writer's Guide to Copyright and Publishing Law
(3rd ed., Henry Holt, 2004)
both by Ellen M. Kozak, copyright, media,
publishing and entertainment lawyer
U.K.
http://www.copyrightaid.co.uk/ British based organization offering the latest in copyright information and resources.
SEARCH TOOLS:
www.googlealert.com (find references to your name, your books, etc. on the web)
www.copyscape.com (find out if your website pages have been copied)
www.icopyright.net and www.clipandcopy.com offer free media monitoring services to track what has been written about you, your company or your books.
http://www.internic.net/whois.html Find out who owns a website.
http://www.archive.org/web/web.php Find archived web pages. Google.com, Live.com, Yahoo.com, Ask.com, and Gigablast.com all keep cached searches going back anywhere from three months to a year, depending on the search engine.
An excerpt from U.S. Copyright Law: TRANSFER OF COPYRIGHT
Any or all of the copyright owners exclusive
rights or any subdivision of those rights may be transferred, but the
transfer of exclusive rights is not valid unless that transfer is in
writing and signed by the owner of the rights conveyed or such
owners duly authorized agent. Transfer of a right on a
nonexclusive basis does not require a written agreement.
This statement was taken from Copyright Basics, which can be found at:
http://www.pueblo.gsa.gov/cic_text/smbuss/cpyright/circ1.html
YOU CANNOT COPYRIGHT AN IDEA OR A TITLE.
Plagiarism occurs when someone copies the exact wording from another
source, without attribution. Even with attribution, you cannot copy
substantial portions of anyone else's writing, and the law varies on
how much amounts to "substantial." Always obtain permission!
Sometimes an author of a non-fiction books is upset when someone else
writes about the same subject. But using the same sources does not
constitute plagiarism. No one can "own" sources or access
to original historical documents.
TRADEMARKS protect a service or product and must always be associated with that service or product.
DO NOT USE SONG LYRICS OR SONG TITLES WITHOUT PERMISSION
Copyright on songs is complex. Original publishers who owned the
rights have sold to others (the Beatles' work to Michael Jackson, for
example) and one has to do a Google search to find out who to contact
to obtain permission.
Notice that when you see a song lyric quoted in a novel, there's a
long permission at the front of the book, indicated who owns the
rights. The same thing appears in the credits of movies, if you
happen to notice, where every song sang or played is credited with
the author, rights' owner, and performer.
FREE: The
Article You Can't Read on This Site
Ten Easy Rules About Copyright
A DOZEN REASONS WHY YOU NEED TO PROTECT YOUR COPYRIGHT
http://blogs.justfred.ca/smartypants/ Instructions provided by George Butters on how to track web pages to find out who might be using your work without authorization
Information from ACCESS COPYRIGHT's online course
Samples of letters re copyright infringement: letter 1, letter 2
An exchange of e-mails between CanWest and the Travel
Media Association concerning the 2008 CanWest contract.