10. Another Perspective
Notes (continued)
7 Bennett M. Lincoff, Commentary: Everyone Covered by Online Blanket Licenses [http://www.ascap.com/press/lincoff-121695.html] (December 16, 1995).12 For a full discussion on agents and other forms of quasi-collectives, see Glenn Bloom, Administering Museum Intellectual Property (Ottawa: Canadian Heritage Information Network, March 1997), 6.
13 Ibid., 14.
14 Ibid.
15 Ibid. See also Hughes, endnote 6, 495f. It is a principle of Canadian competition law that economic behavior specifically regulated by a government agency pursuant to a statutory scheme, as found in the Copyright Act, cannot violate section 45 of the Competition Act. Other collective societies that are not performing rights societies are still protected from prosecution under section 45 of the Competition Act as long as they file their licensing agreements with the Copyright Board within fifteen days of completion. The act of filing the agreement has the effect of acknowledging the Board’s jurisdiction to oversee the pricing of royalties charged for the use of a work.
16 Hughes, endnote 6.
17 Ibid.
18 Ibid.
19 Lesley Ellen Harris, Canadian Copyright Law (Toronto: McGraw-Hill Ryerson Ltd., 1995), 124; An Act to Amend the Copyright Act S.C. 1997, c. 24, s.s. 29, 29.1, 29.2.
20 For a complete discussion of many of the factors that have already been taken into account by the courts in trying to apply fair dealing, see David Vaver, Intellectual Property Law: Copyright, Patents, Trademarks (Toronto: Irwin Law Publishers, 1997), 102—103.
21 Hubbard & Anon. v. Vosper & Anon. [1972] 2 Q.B. 84 (C.A.)
22 An observation made by lawyers who have worked with collectives in Canada.
23 Ensuring a Strong Canadian Presence on the Information Highway, Canadian Content and Culture Working Group Report, Ottawa: Government of Canada, 1995.
24 Status of the Artist Act, S.C. 1992, c. 33.
25 Ibid., endnote 2 and endnote 4.
26 Ibid. Mona Mangan, an attorney for the Writers Guild of America, East, Inc. suggested in her comments at the ALAI International Congress 1997 that the Canadian system, providing both for collective administration of copyright and collective bargaining under the Status of the Artist Act, is the most modern and unique approach for protecting authors’ rights.
27 Copyright Board Publication of Tariff No. 2, The Canada Gazette, Part 1, January 31, 1998, 51f.
28 Colette Matteau and Éric Lefebvre, "Les Décisions du Tribunal canadien des relations professionelles artistes-producteurs visant le droit d’auteur," Les Cahiers de propriété intellectuelle 10, no. 2 (1998), 401.
29 Fortier, ALAI International Congress 1997, 1.
30 For a full description of the collective societies that currently operate in Canada, see Fortier, endnote 29.
31 Quebec is a civil-law jurisdiction that has looked to Europe for inspiration and markets in the development of its cultural industries. Collective administration of copyright has long been established in the civil-law jurisdictions of Europe.
32 Yves Légaré, "La Gestion syndicale des oeuvres audiovisuelles dans les productions de langue francaise au Canada," ALAI International Congress 1997, 3.
33 Ibid., endnote 2, 5.
34 Ibid., endnote 2, 9.
35 Lucie Guibault, "Agreements Between Authors or Performers and Collective Rights Societies: A Comparative Study of Some Provisions," ALAI International Congress 1997, 11.
36 Ibid., endnote 2, 4.
37 The Director of Investigation and Research, acting under the auspices of the Copyright Board, has the authority to challenge the practice of exclusive representation.
38 Ibid.
39 Ibid., and endnote 2.
40 Ibid., endnote 6, 492.
41 Ibid., endnote 19, 158.
42 ALAI International Congress 1997, author’s notes from panel discussions.
43 Electronic Rights Defence Committee et al. v. Southam Inc. et al. An action has been commenced in the Federal Court. A court date has not yet been set.
44 Teledirect (Publications) Inc. v. American Business Information Inc. (heard at Montreal, October 6—7, 1997; judgment delivered at Ottawa October 27, 1997) not reported (FCA). Leave to appeal to Supreme Court of Canada denied May 21, 1998.
45 The Electronic Rights Licensing Agency’s founding members are the Periodical Writers Association of Canada, the Writers Union of Canada, the Canadian Association of Photographers and Illustrators of Canada, and the Association of Photographers and Illustrators in Communication. It has not yet started licensing works.
46 For more information on the CAROL project, see [http://www.caro.ca/gallery].
47 For
more information about this project, see [http//:www.chin.gc.ca/about_
CHIN/]. In 1998, CHIN will publish the results of a marketing study for museum
intellectual property.
48 Ibid., endnote 35, 86.
| Chapter 10: Another Perspective | |
| A. Introduction | |
| Notes | |