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.