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Copyright means the "right to copy", granting the owner the sole and exclusive right to reproduce, perform or publish a work; giving the owner the control to use the creation and an ability to benefit monetarily; preventing others from exploiting the work while protecting the owner's reputation.
How do I copyright my work?
There are no formalities. Copyright is automatic, existing upon the creation of assigned work. You do not register a work or deposit it with a registry. The advantage to using "© Name of Copyright Owner Year of First Publication", placed by the title of the work and author, reminds the prospective user that copyright exists. This provides evidence that any alleged violator should have known that copyright existed. It will also assist those who wish to obtain permission to reproduce a work.
There are three areas to consider:
1. Originality - The expression of the idea, not the idea itself. The creation does not have to be completely novel. The standard for originality is very low. The standard test is that the work must:
- Originate with the author.
- Not be a copy of another work.
- Be the fruit of an independent, creative effort, rather than a mechanical or automatic arrangement.
- Use skill, experience, labour, taste, discretion, selection, judgement, personal effort, knowledge, ability, reflection, and imagination.
2. Fixation of dramatic works - You will be required to provide proof of the existence of a work and perhaps evidence with respect to the author of that work. The record of fixation may also provide a means of preserving and maintaining an historical record. For dance, a video that captures the movements and general characteristics of the dramatic work may suffice. Written notation is more secure.
3. Nationality of creator and place of publication - You have copyright protection through the copyright laws of your resident country and applied conventions that govern copyright in other countries.
Who owns the copyright?
The author/creator is generally the first owner; copyright can be transferred to subsequent owners, but only in writing! Without the owner's express written permission, others can not do anything to your work without your permission. The duration of copyright is for the life of the author/creator plus fifty years.
What happens in other countries?
Each country has its own copyright laws. You must research each case if you are creating a work in another country.
Article originally contributed by Myles Warren
LINKS:
Canadian Alliance of Dance Artists (See - Copyright and Dance)
http://cadadance.org/copy.htm
Copyrightlaws.com
http://www.copyrightlaws.com
Copyright Act
http://laws.justice.gc.ca/en/C-42/index.html
RESOURCES:
Harris, Lesley Ellen. Canadian Copyright Law. McGraw-Hill: Ryerson: Toronto - Montreal, 1995.
Available at DUO Library
Lesley Ellen Harris
Lesley@copyrightlaws.com
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