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Copyright Guide for Museums and Other Cultural Organizations
17.0 Definitions
| Author |
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Creator of a work that is unique. |
| Assignment |
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Transfer of ownership of the copyright in a work from one party to another. This does not include a transfer or waiver of moral rights. See also license for the grant of limited rights to a work rather than transfer of full ownership.
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| Copyright |
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Sole right to produce or reproduce the work or any substantial part thereof in any material form whatsoever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof. Copyright extends to include the translation of works, their conversion from one form to another, performances, recordings, adaptations, exhibitions, and rentals. Only the owner of the copyright has the right to produce or reproduce the work or to allow others to do so. Permission is given by assignment or license. |
| Crown copyright |
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Copyright that subsists in a work that is prepared or published by or under the direction or control of the Crown or any government department. (See section 4.0). |
| Fair Dealing |
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Exception to copyright infringement. The right to use a work for research or private study, criticism, review, or news reporting. (See section 3.4). |
| Industrial Design |
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Intellectual property right that protects designs of articles and relates to the shape, pattern, configuration, or ornamentation that the eye can see on an article. |
| Intellectual Property |
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Property right in intangible goods. Intellectual property rights protect such things as inventions, expressions of ideas, business names or marks, and designs, through the use of patents, trademarks, copyrights, and industrial designs. |
| License |
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Contract between the copyright owner and another party that allows the other party to use a work for a limited period of time for a specified purpose. |
| Moral Rights |
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Rights of the author of a work over the integrity of the work and the right to be associated with the work or to remain anonymous. Moral rights cannot be assigned but may be waived by the author. Without the waiver of the author's moral rights, the museum may not alter a work. |
| Posthumous Work |
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Work that is published, performed, or delivered after the author's death. |
| Publish |
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Copyright in the work has expired and any party may produce or reproduce the work without infringement of the author's rights. |
| Trademark |
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A mark (design or words) that is used to distinguish the goods or services of a trader from the goods or services of another. |
| Works |
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This term is not defined in the Copyright Act, however, for use within this Guide, "works" refers to anything which may have copyright associated with it. The term includes any written books, artistic drawings, paintings, compilations, photographs, architectural designs, maps, charts, plans, etchings, and plays. This list is not complete but only offers some examples. |
| Collective Societies |
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Also known as collectives, these groups grant licenses to allow the use of copyright works within their particular area. For example, Access Copyright grants licenses in relation to print works while SOCAN and SDRM grant licenses in relation to musical works. Some collectives are Access Copyright, discussed above, SOCAN (Society of Composers, Authors and Music Publishers), NRCC (Neighbouring Rights Collective of Canada), and SOGEDAM (Société de gestion des artistes-musiciens). Each collective is responsible only for those works in their repertoire (i.e. those works on which they have the right to act).
One of the collective societies within Canada formed to look after the administration of applications to use published print works such as books, magazine, newspapers, poems, and short stories. Access Copyright works in conjunction with the Copyright Board in carrying out these duties. In effect, Access Copyright gives authorisation to use copyright print materials by issuing licenses, collecting royalties for the copying, and distributing the money back to the author or publisher. Rather than having to request permission each time a copy is made, frequent users of copyright material can sign comprehensive licenses that allow copying (within limits) of a broad range of materials without seeking permission.
At present, Access Copyright directly represents the reproduction rights of more than 3,000 Canadian writers and publishers. Through agreements with similar organisations in the United States, the United Kingdom, Australia, and other members of the International Federation of Reproduction Right Organisations, Access Copyright represents the rights of a vast number of foreign authors and publishers as well. Reproduction rights of authors and publishers in Quebec are represented by the collective COPIBEC, with whom Access Copyright also has an agreement.
Access Copyright Address:
1, Yonge Street, Suite 800,
Toronto (ON) M5E 1E5
Telephone: 1 800 893-5777
or (416) 868-1620 in Metro Toronto
Fax: (416) 868-1621
Web site: http://www.accesscopyright.ca/home.asp
E-mail:
info@accesscopyright.ca
COPIBEC Address:
1290, rue Saint-Denis, 7e étage
Montréal, Québec H2X 3J7
Telephone : (514) 288-1664 ou 1 800 717-2022
Fax : (514) 288-1669
Web site: www.copibec.qc.ca
E-mail : info@copibec.qc.ca
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