Re: Canadian copyright p.d. question

Oksana Dykyj (oksana@vax2.concordia.ca)
Mon, 19 Feb 2001 11:28:28 -0800 (PST)

--=====================_15133125==_.ALT
Content-Type: text/plain; charset="us-ascii"; format=flowed

Canadian public domain has nothing to do with American public domain. Just
because it is in public domain in the U.S. doesn't mean that it is in
public domain in Canada and the reverse is true as well. Often, if the
material is American and is in public domain or pre 1923, but for whatever
reason is not in public domain in Canada, the U.S. copyright holders will
not care about possible infringements in Canada. In any event the Canadian
copyright law is in effect in Canada. The Film Superlist is a good
reference tool for Canadians but it is not indicative of the Canadian
situation. All Canadians should become familiar with the Canadian Copyright
Law and its educational exceptions (which are nothing compared to what
Americans enjoy) and talk to their institutions' legal counsels.
http://www.edu.gov.mb.ca/metks4/instruct/iru/pubs/web/c/ Also, it's a good
idea to follow what goes on with CAUT (Canadian Association of University
Teachers) developments.http://www.caut.ca/english/

The librarian should ABSOLUTELY check with the University's legal counsel
about signing and paying for a license which they may not need. There is no
point in acquiring a public performance license for something that may only
be shown as a public performance once a year. The distributor should be
able to show the University lawyer that they have signed a distribution
contract with the copyright holder to distribute the title in Canada or
simply part of the country.

I'm afraid that Canadian academic institutions got in very late to lobby
the government for exceptions and were beat out by very strong
megolamaniacal distributors who made enough noise on the lobby front to
have more power. We should also remember that because academic institutions
do not want to go to court, we always pay, whether we legally need to or
not. It's time we questioned those who claim to have rights over everything
and make them prove it. Of course, if no one wants to rock the boat...

Oksana

At 10:28 AM 2/19/01 -0800, you wrote:
>Dear Jessica, et al,
>
>A university librarian from Canada sent me a 2-part re: public domain
>(first part was whether a print source listing titles existed, and I
>refered her to the o.p. "Film Superlist". If someone knows of a more
>current source, please let me know). The second question concerned
>Hitchcock's "Sabotage," which the librarian understood to be in the public
>domain, but that a local company wants to charge the library for a 3-yr.
>public performance lease. I know that p.d. status can change (especially
>on elements-added silent films), but I'm unfamiliar with any special
>circumstances re: "Sabotage." So, what does the think tank think :) ?
>
>Randy Pitman
>Publisher/Editor
>Video Librarian
>8705 Honeycomb Ct. NW
>Seabeck, WA 98380
>Tel: (800) 692-2270; Fax: (360) 830-9346
>Email: <mailto:vidlib@videolibrarian.com>vidlib@videolibrarian.com
>Web: <http://www.videolibrarian.com>www.videolibrarian.com
>

__________________________________________________________________________
Oksana Dykyj voice: 514-848-3443
Head, Visual Media Resources fax: 514-848-7622
Instructional & Information Technology Services
Concordia University
LB-805-1, 1455 de Maisonneuve Blvd. W,
Montreal, Quebec
Canada H3G 1M8
__________________________________________________________________________
--=====================_15133125==_.ALT
Content-Type: text/html; charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable

Canadian public domain has nothing to do with American public domain. Just because it is in public domain in the U.S. doesn't mean that it is in public domain in Canada and the reverse is true as well. Often, if the material is American and is in public domain or pre 1923, but for whatever reason is not in public domain in Canada, the U.S. copyright holders will not care about possible infringements in Canada. In any event the Canadian copyright law is in effect in Canada. The Film Superlist is a good reference tool for Canadians but it is not indicative of the Canadian situation. All Canadians should become familiar with the Canadian Copyright Law and its educational exceptions (which are nothing compared to what Americans enjoy) and talk to their institutions' legal counsels. http://www.edu.gov.mb.ca/metks4/instruct/iru/pubs/web/c/ Also, it's a good idea to follow what goes on with CAUT (Canadian= Association of University Teachers)= developments.http://www.caut.ca/english/

The librarian should ABSOLUTELY check with the University's legal counsel= about signing and paying for a license which they may not need. There is no= point in acquiring a public performance license for something that may only= be shown as a public performance once a year. The distributor should be= able to show the University lawyer that they have signed a distribution= contract with the copyright holder to distribute the title in Canada or= simply part of the country.

I'm afraid that Canadian academic institutions got in very late to lobby the= government for exceptions and were beat out by very strong megolamaniacal= distributors who made enough noise on the lobby front to have more power.= We should also remember that because academic institutions do not want to= go to court, we always pay, whether we legally need to or not. It's time we= questioned those who claim to have rights over everything and make them= prove it. Of course, if no one wants to rock the boat...

Oksana

At 10:28 AM 2/19/01 -0800, you wrote:

Dear Jessica, et= al,
 
A university librarian from Canada sent me a 2-part re: public domain (first= part was whether a print source listing titles existed, and I refered her= to the o.p. "Film Superlist". If someone knows of a more current= source, please let me know). The second question concerned Hitchcock's= "Sabotage," which the librarian understood to be in the public= domain, but that a local company wants to charge the library for a 3-yr.= public performance lease. I know that p.d. status can change (especially on= elements-added silent films), but I'm unfamiliar with any special= circumstances re: "Sabotage." So, what does the think tank think= :) ?
 
Randy Pitman
Publisher/Editor
Video Librarian
8705 Honeycomb Ct. NW
Seabeck, WA 98380
Tel: (800) 692-2270; Fax: (360) 830-9346
Email: vidlib@videolibrarian.com
Web: www.videolibrarian.com
 

_______________________________________________________________________= ___
Oksana= Dykyj        =           &= nbsp;                  &= nbsp; voice: 514-848-3443
Head, Visual Media= Resources       &n= bsp;         &nb= sp;     fax:   514-848-7622
Instructional & Information Technology= Services       &nb= sp;         
Concordia University
LB-805-1, 1455 de Maisonneuve Blvd. W,
Montreal, Quebec
Canada  H3G 1M8
__________________________________________________________________________

--=====================_15133125==_.ALT--