B.
Options for Administration of Intellectual Property Rights in
CCCanadian Cultural Heritage Institutions*
Rina Elster Pantalony
Canadian Heritage Information
Network (CHIN) 1
Copyright law in Canada falls under federal jurisdiction. Canadian federal law is a composite of both the civil and common law systems.* Although Canada’s Copyright Act is based on British legislation, reforms in the past ten years have incorporated many concepts from civil law (such as moral rights), and added exhibition rights, as well as a comprehensive system of collective administration of copyright.
The management of intellectual property
in the electronic environment has become a topic of considerable interest
in the Canadian cultural community, as it has elsewhere in the world. Of
late, this community has been considering collective action to streamline
access and administrative requirements. However, this approach may not suit
every institution’s needs. Given the public service and educational
missions of cultural organizations, cost/benefit analyses should be undertaken
before collective administration of intellectual property is considered.
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*©1999 Canadian Heritage Information Network. Definition of terms in boldface type within this section are found in a separate Glossary at the end of the chapter.
Collective Administration in Canada: A Legal Framework
Collective Administration of Performing Rights
Collective Administration of Retransmission Rights
Other Legal Factors Affecting Collective Administration
Theory and Practice: The Operating Environment
The Relationship Between the Author and the Collective
The Relationship Between the Collective and the User