Wednesday is Ask an Art Buyer day. Send your questions to heather@heathermorton.ca with the subject line Ask an Art Buyer. I’ll answer as many as I can every Wednesday.
Want to help influence Canada’s new copyright law? Well now you can and it’s just one click away. The Globe and Mail wants you to write a copyright bill here. In their words: Signing your name to a Facebook group is one thing. Getting active in copyright reform is something else entirely. True dat. I’ve done the first thing but I’ve never ever done that second thing (although I’ve always meant to).
From their website:
At this wiki, you’ll find a copy of the most recent copyright reform bill (Bill C-61), as well as links to background reading and legislation from around the world on the Copyright Links page (if you have any links to useful information or perspectives, please feel free to add them). You can use the built-in wiki tools to modify the existing Bill C-61 and add or remove whatever you think is necessary to create a piece of modern copyright legislation.
If legalese isn’t your cup of tea, some great places to start are in the preamble, which acts as a sort of introduction to the topic of copyright reform and its importance, or in the discussion forums.
On July 1st, Canada Day, the Globe and Mail will send the final version created here to Ottawa for consideration.
Copyright is so contentious in Canada that I was strongly discouraged from taking any questions about the current state of Canadian copyright law at the recent CAPIC symposium on usage rights which I moderated.
On one side of the debate is Copyright for Canadians that argues for an approach to copyright reform that considers both the rights of creators and consumers. For 45 minutes of propoganda from these people, watch this (and then join their facebook group):
On another side is CAPIC which has some important advice for shooters who risk unwittingly handing over the copyright to their work:
Do Canadian creators own the copyright in their works?
Yes. All Canadian creators of original works automatically own the copyright in their original (personally created) works.
EXCEPTION:
In commissioned (assigned) photographic works, if the creator does not have an agreement to the contrary with the commissioner of the work, the commissioner of the work shall own the copyright in the work, once the work has been paid for.
See laws.justice.gc.ca – rid-38969 Ownership of Copyright, Section 13(2).As a photographer, how do I ensure that I retain copyright in my assignment work?
To retain copyright in assigned photographic works, you must have an agreement between you and the commissioner of the work (your client) stating “Copyright in this work shall be owned by the photographer.” This statement should be in the normal Assignment Terms & Conditions that would accompany your Estimate or Assignment Confirmation.
As an Illustrator or Digital Artist, how do I ensure that I retain copyright in my assignment work?
Under the Copyright Act, Illustrators and Digital Artists automatically own the copyright in commissioned works unless they sell or otherwise transfer the copyrights, by contract, to a third party.
As someone who is half-way through Lewis Hyde’s seminal book about the value of creativity in the market economy, The Gift, I’m starting to think that if it stifles creativity, it sucks. For more on our homegrown gift economy, read about the Potlatch in this month’s Walrus magazine.
If anything can protect people from having their ideas taken from them without recompense, it’s a Wiki where people willingly contribute their ideas without recompense. I love the internet!
{ 2 comments… read them below or add one }
Copyright Critics Rationalize Theft:
http://online.wsj.com/article/SB124199933659205011.html
I find it so incredibly insane that you were strongly discouraged about mentioning copyright at the CAPIC talk. In a room full of photographers and those who actively encourage the protection of rights what did they actually think was going to happen? I know a copyright discussion was not part of the nights plans but it was briefly brought up at one point by an audience member and quickly swept aside. What were they worried about? Someone exposing all the work they had done? Is it so secret that others (read Non-capic members) could not contribute? Isn’t copyright more then just protecting their photographers and Illustrators?
On another note: Make sure you get the assignment sheet. If a mag doesn’t have one make sure they agree to your terms or be prepared to walk away. Sound harsh? There are many a mag who still work without them and as per 13.2 of the Copyright Act they could easily make a motion to claim your images are theirs. It may not be right but their pockets are deeper. Basic business sense – use contracts.
And good for you Globe and Mail. I am always suspect when big media is involved, though ironically I work for one outlet. I Almost expect there to be fine type at the bottom saying they can use all of your ideas in any future marketing etc etc.