Title: Section 3: Copyright in Works

Learning objectives for this module
- Understand copyright as a bundle of rights, rather than just the right to copy
- Recognize key words and phrases in Section 3 that shape copyright, including “sole right,” “substantial,” and ”in any material form”
- Understand that copyright holders may authorize uses by others

Learn more about S.3(1)(g)
We jest in this video, but this oddly-phrased clause in the Copyright Act is actually critically-important to visual artists. It's called an "Exhibition Right," and it means that visual artists have the right to demand compensation for having their works exhibited in public (for example, in galleries). Placing a work on exhibition often means it is not available for sale or rental to anyone else, and artists should not be forced to do this without remuneration. CARFAC fought for and won this right in a June 7, 1988 revision to the Act. The "Exhibition Right" is also described here.

A note about this example...
Some nuance should be provided: this example refers to the right to "reproduce," but the phrase sole right (and the other terms in this clause) applies to all of the rights listed in section 3!

Learn more about the exhaustion doctrine (and the digital context) in Canada
For some recent scholarship on the exhaustion doctrine and its relevance in the digital milieu, see:

- Figliomeni, Marco. “The Song Remains the Same: Preserving the First Sale Doctrine for a Secondary Market of Digital Music.” Canadian Journal of Law & Technology, no. 2 (2014): 219.
- Katz, Ariel. "Digital Exhaustion: North American Observations." (2016). Available at https://arielkatz.org/digital-exhaustion-north-american-observations/
- Moyse, Pierre-Emmanuel. "From Importation to Digital Exhaustion: A Canadian Copyright Perspective." (2016). Available at SSRN: https://ssrn.com/abstract=3171744 or http://dx.doi.org/10.2139/ssrn.3171744

A note about "authorization"
One method for handling authorization of uses is through Open Licensing mechanisms, such Creative Commons licences. Learn more about this in our module dedicated to the topic!

Q: In section 3(1) of the Copyright Act, the term “sole right” means that:
- Only the copyright holder is afforded the rights outlined in the section (correct)
- The copyright holder must have a soul in order for copyright to be valid
- Anyone associated with the creation of a work may enjoy the rights in section 3(1)
- The copyright holder may only exercise one of the rights in the section

Q: Which of the following rights is not covered by section 3(1) of the Copyright Act?
- Restricting the ability for anyone to use the work under fair dealing exceptions (correct)
- Converting a novel or non-dramatic work into a play or similar dramatic work
- Making a sound recording of a copyrighted work
- Translating the work into another language

Q: The Copyright Act provides some exceptions to the rights given to copyright holders in section 3(1).
A: true

Q: The Copyright Act specifies how much copying of a work can be done before the copy is considered “substantial.”
A: false

Q: You can distribute copies of an MP3 you have purchased in all these cases except:
- When the copyright holder cannot be identified (correct)
- When copying is done under a fair dealing exception
- When the copyright holder has authorized you to copy their work for this purpose
- When the copyright holder made the song available under a Creative Commons licence

Q: As a copyright holder, you can authorize others to use the rights in section 3(1) separately.
A: true

Choose the correct statement.

Credits: Section 3: Copyright in Works; by University of Alberta; 2019; licence CC BY 4.0