COPYRIGHT & PUBLISHING
· Producers of creative products (e.g authors, artists, musicians)
· Independent Publishers
· Small Publishers
· Other Participants in Creative Industries
COPYRIGHT PROTECTION & DISPUTE RESOLUTION
Copyright is the field of law that protects original creative expression. This includes novels, poems, plays, films, paintings, pieces of music and other original works.
Copyright protection arises the moment a creative product is produced. No formal registration of such works is necessary. However, registration and other formal means of protection may be advisable to prove ownership.
Copyright disputes tend to arise when one party is accused of copying, using, or distributing another party's work without permission.
One interesting issue that arises in copyright disputes include whether a given work is actually a “copy” of a protected work. Deciding such a question may sound simple but this is often not the case.
For example, see Théberge v. Galerie d’Art du Petit Champlain inc. In that case, a gallery bought original cards, photolithographs and posters by the famous artist, Claude Théberge. The gallery then used a process which transferred the images onto canvases which it then sold. The original cards and posters were left blank after the transfer so the total number of images remained the same. Under such circumstances, was this “copying” which violated copyright law or was it simply “image transfer” from one medium to another?
Another common area of dispute in copyright law is whether certain acts of unauthorized copying are allowed under the legal principle of “fair dealing” (also known as "fair use" in the United States). This principle protects several forms of unauthorized copying if it is done for personal use, criticism and review, news reporting, educational and other purposes. For more information on fair dealing, see the key Canadian case of CCH Canadian Ltd. v. Law Society of Upper Canada.
RUNYOWA LAW SERVICES FOR SMALL & INDEPENDENT PUBLISHERS
Copyright law is at the centre of the publishing industry. However, other legal concerns arise in publishing including contract law, licensing, rights management and merchandising.
Runyowa Law provides legal and advisory services across these areas. However, the firm caters primarily to professional and independent-publishers looking to distribute their works through the growing number of print and electronic platforms.
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**DISCLAIMER: The information on this website is for reference purposes only. It does not constitute legal advice or a contract for legal services with Runyowa Law. If you need formal legal advice in a covered practice area, please contact Runyowa Law at 306-206-2800.