Title: Introduction to Copyright

Authors: University of Alberta (Author)
Years: 2022
Licence: CC BY 4.0

*Updated: January 2024
Learning Objectives:

- Define key terms including “copyright”; “work”; "rights holder" and "creator"
- Recognize that copyright includes both economic and moral rights
- Identify the balance of user and creator rights as a fundamental principle of copyright
- Understand that copyright in Canada is governed by federal law, specifically the Copyright Act and the decisions by Canadian courts

Creators, Authors and Copyright Holders – what's the difference?
In some cases the terms "creators", "authors" and "rights holders" are used interchangeably; however, they are not necessarily the same thing. "Author" usually refers to someone who creates a literary/textual work such as a book or journal article. "Creator" is a broader term that covers all types of artistic creation including literary, dramatic, musical and artistic works. "Rights holder" is a specific legal term that is used to identify the copyright holder of a work, who may or may not be the creator.

What is a "work"?
A "work" in this context refers to the product or output of any of the creative arts. Copyright applies to every original literary, dramatic, musical and artistic work created using the author/creator's own skill and judgment. For more information, see What Does Copyright Protect?

Software is a literary work (really, it is!)
A good example of how broadly the four types of work can be defined is software, which, from a copyright perspective, is treated as a literary work on the basis that code is ultimately reducible to text (e.g., 0110101010101100011010100).

What is original?
While the threshold for originality is considered to be low, the Supreme Court of Canada stated that the "exercise of skill and judgment" is necessary for a new work to be original enough to be protected by copyright. Paragraph 16, CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13.

What is the copyright term?
In Canada, the general term of copyright is now life of the author plus an additional 70 years (increased from life plus 50 years effective 30 December 2022, without retroactive effect).

Copyright in the Constitution
Copyright is mentioned in both the 1982 Constitution Act and the original 1867 British North America Act.  Section 91 of these documents states that the federal government has jurisdiction over copyright.

"Fair Dealing" vs. "Fair Use"
"Fair dealing" is a key Canadian exception to copyright infringement that allows use of copyright-protected works for certain specific purposes providing the dealing is fair. "Fair Use" is a similar provision of US copyright law, but fair dealing and fair use are not identical in how they function.

Question 1

Q: Copyright is an exclusive legal right that gives rights holders control over all of the following activities for works they own except for… which one?
- Reading (correct)
- Producing
- Reproducing (or copying)
- Selling or licensing
- Publishing

Question 2

Q: Users of copyright-protected works have limited rights in Canada. These rights are established by all of the following democratic institutions except one… which one?
- Copyright Board of Canada (correct)
- The Parliament of Canada
- The Canadian court system, including the Supreme Court of Canada

Question 3

Q: The “right to exclude” in a copyright context is exercised by the rights holders’ having the legal right to sue others for doing something that only they have the right to do (e.g., publishing, reproducing, etc.).
- True (correct)
- False

Question 4

Q: Original ideas, both good and bad, are protected by copyright.
- False (correct)
- True

Question 5

Q: Copyright deals with two sets of rights according to the Copyright Act. Which of the following is the correct pair of rights?
- Moral rights and economic rights (correct)
- Economic rights and human rights
- Human rights and moral rights
- French rights and English rights

Question 6

Q: The Copyright Act, like all legislation, is intended to serve what?
- The public interest (correct)
- The Prime Minister's next electoral campaign
- The financial viability of corporations
- The gainful employment of lawyers

Question 7

Q: Under Canadian law, copyright lasts forever.
- False (correct)
- True

Choose the correct statement.

Credits: Introduction to Copyright; by University of Alberta; 2022; licence CC BY 4.0