Illustrating Options:
Collective Administration of Intellectual Property for Canadian Cultural Heritage Institutions

1. Introduction

Copyright law in Canada falls under federal jurisdiction. Canadian federal law is a composite of both the civil and common law systems. Although Canada's Copyright Act is based on British legislation, reforms in the past ten years have incorporated many concepts from civil law (such as moral rights), and added exhibition rights, as well as a comprehensive system of collective administration of copyright.

The management of intellectual property in the electronic environment has become a topic of considerable interest in the Canadian cultural community, as it has elsewhere in the world. Of late, this community has been considering collective action to streamline access and administrative requirements. However, this approach may not suit every institution's needs. Given the public service and educational missions of cultural organisations, cost/benefit analyses should be undertaken before collective administration of intellectual property is considered.