[BCMA] maternal rights- Canadian copyright disagreement
Moderated BCMA subscriber listserv.
bcma at lists.vvv.com
Thu Feb 11 14:44:04 PST 2010
Here's another twist to an already complex situation.
Albeit it has to do with paintings.
My understanding is that copyright endures 50 years after the death of the maker.
That copyright may indeed be transferred But only for the first 25 years of that 50.
That "maternal or moral" rights in the work(s) does not get transferred. The Estate is responsible for these, and after those first 25 years copyright reverts back to the Estate as well.
Colin, or others, please confirm my understanding and/or provide a nice reference to the explanation. This is an area that has significance both to what you are discussing and Art Galleries.
Sincerely,
Kim Allen
--- On Wed, 2/10/10, Moderated BCMA subscriber listserv. <bcma at lists.vvv.com> wrote:
> From: Moderated BCMA subscriber listserv. <bcma at lists.vvv.com>
> Subject: Re: [BCMA] an archives question - Canadian copyright disagreement
> To: bcma at lists.vvv.com
> Received: Wednesday, February 10, 2010, 3:58 PM
>
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> I was told
> in copyright training a few
> years ago that the opposite of what Jim is saying regarding
> photos. (This was
> almost certainly at a CMA or BCMA Conference using a very
> knowledgeable speaker
> on copyright in Canada)
> See my earlier posting.
>
>
>
> Many people
> fall into the trap of assuming
> that US and Canadian copyright laws are the same. Many
> references in
> museums/archives and on the Internet will be about
> US
> copyright law and in
> typical US
> fashion they do not say that they are talking about
> US
> law, they assume that
> everyone knows.
>
>
>
> As I
> recall, we were told that in Canada it
> is automatic that
> whoever paid the photographer to take the photo owns the
> copyright, NOT the
> photographer. The instructor told us that most
> photographers do not know this
> little oddity of Canadian copyright law, so they stamp
> their photos as being
> under their copyright, but they have no legal right to do
> so. Then we the
> customers are told by the photographers (who believe it
> themselves) that THEY
> own the copyright and as we are not copyright experts, we
> the people go along
> with it.
>
>
>
> Remember
> too that Canadian copyright is
> different from US copyright.
>
>
>
> Barbara
> responded with a valuable link.
> Here is a quote from that web reference Canadian Intellectual
> Property Office:
>
> Ownership
>
> Generally,
> if you are the creator of the work, you own the
> copyright. However, if you create a work in the course of
> employment, the
> copyright belongs to your employer unless there is an
> agreement to the
> contrary. Similarly, if a person commissions a photograph,
> portrait, engraving,
> or print, the person ordering the work for valuable
> consideration is the first
> owner of copyright unless there is an agreement to the
> contrary. The
> consideration must actually be paid for the copyright to
> belong to the person
> commissioning the photograph, portrait, engraving, or
> print. Also, you may
> legally transfer your rights to someone else, in which
> case, that person owns
> the copyright.
>
> http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00506.html#no10
>
>
>
>
> An
> interesting point too is that if you
> hire a photographer for your wedding for example, then sign
> a contract with
> them, and IF that contracts states that copyright then
> belongs to the
> photographer … but then without having the contract
> in hand, how is a
> museum or archives to know if it was signed over? Catch-22.
> (another old movie
> reference)
>
>
>
> No
> disrespect to my colleague Jim … but
> obviously we need a legal eagle Canadian copyright
> expert to give us
> chapter and verse, especially on such a complex topic. I
> shall look for my
> notes from the copyright training, but as I have moved
> several times since
> then, they are buried very deeply. I am thankful that this
> is not an episode of
> “Paperchase” with John Houseman as Professor
> Kingsfield. For those
> who remember the old TV series will know what I am talking
> about. For those who
> do not remember …well, have a look on YouTube http://www.youtube.com/watch?v=cZJEhlIefxA
> Pretend that you are the new student name Hart, then sit
> back, watch and
> relax!
>
> ;-)
>
>
>
> “Facts,
> Mr. Hart, facts. The law
> deals with facts, not opinions.“ [As I remember him
> saying it]
>
> Then of course there are
> Kingsfield’s opening remarks
> “The study of law is
> something new and unfamiliar to most of you, unlike any
> other schooling you
> have ever known before. You teach yourselves the law, but I
> train your minds.
> You come in here with a skull full of mush and, if you
> survive, you’ll
> leave thinking like a lawyer.”
>
> Maybe
> that is why many of us in the museum field went in for the
> Arts at university.
> Maybe it was because we did not want to be rich, if it
> meant thinking like
> lawyers.
>
> ;-)
>
> COLIN
>
>
>
>
>
> Colin MacGregor
> Stevens,
>
> Manager,
>
> New Westminster
> Museum and Archives,
>
> 302 Royal
> Avenue,
>
> New Westminster, BC,
>
>
> V3L
> 1H7
>
>
>
> Phone
> Office:
> 604-527-4639
>
> Work Cellular :
> 604-830-6965
>
> Fax:
> 604-527-4641
>
> E-mail:
> cstevens at newwestcity.ca
>
>
> Web Site:
> www.newwestminster.ca
>
>
>
>
> -----Original
> Message-----
>
> From:
> Moderated BCMA subscriber
> listserv. [mailto:bcma at lists.vvv.com]
>
> Sent:
> Tuesday, February 09, 2010
> 4:15 PM
>
> To:
> bcma at lists.vvv.com
>
> Subject: Re:
> [BCMA] an archives
> question
>
>
>
>
>
> Unless the
> purchaser specifically
> purchased copyright as well, the photographer has the
> rights. That is why
> some photographers actually stamp the back of the
> photograph with their
> copyright stamp. If the purchaser wanted another
> print made, they had to
> go back to the photographer.
>
>
>
>
>
> In your case,
> since the donor
> assigned copyright to the archives, you've got it not
> the purchaser.
>
>
>
>
>
> In another
> case where the
> photographer was employed to take pictures such as a
> newspaper, you have to
> know the employment agreement as to who owns the copyright,
> the photographer or
> the newspaper.
>
>
>
>
>
> Jim
> Millar
>
>
>
>
>
> Manager/Curator
>
>
>
>
>
> Port Moody
> Station Museum
>
>
>
>
>
>
>
> ----- Original
> Message -----
>
>
>
>
>
> From: Moderated BCMA
> subscriber listserv.
>
>
>
>
>
> To: bcma at lists.vvv.com
>
>
>
>
>
>
> Sent: Tuesday,
> February 09, 2010 1:35 PM
>
>
>
>
>
> Subject: [BCMA] an
> archives question
>
>
>
>
>
>
>
>
>
>
>
> Hello
> all:
>
> A local town
> photographer donated over 50
> years of photographs and negatives to our archives.
> Copyright of the collection
> was assigned to the archives at the time of donation. But a
> question has
> arisen. Some of the photographs are portraits of local
> residents. These are
> people who paid to have their photographs taken. In these
> cases who owns the
> rights to the photographs? Is it the archives, photographer
> or purchaser?
>
>
>
> Thanks for your
> thoughts in advance.
>
>
>
>
>
>
>
>
>
> Ron
> Denman
>
> Director
>
> Chilliwack
> Museum and Archives
>
> 45820 Spadina
> Avenue
>
> Chilliwack, BC
> V2P 1T3
>
> Phone:
> 604-795-5210; Fax:
> 604-795-5291
>
> www.chilliwack.museum.bc.ca
>
>
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