Podcasting Legal Guide For Canada
So for example, if the recording is Creative Commons licensed, you need to ensure that the licence applies to both the underlying work and the recording. The three rights that potentially exist in audio recordings are allocated as follows; the composer and/or lyricist has full protection under sections 3 and 14.1; as well, rights may exist for the performer in the performance of the music (singer or musician) and for the maker (producer) of the sound recording.<span lang="EN-CA" style="font-size:12.0pt;font-family: "Times New Roman";mso-fareast-font-family:"Times New Roman";mso-ansi-language: EN-CA;mso-fareast-language:EN-US;mso-bidi-language:AR-SA;mso-bidi-font-weight: bold"> The performer, the person whose voice is the basis of the audio recording, has the sole right to communicate their work to the public by telecommunication.
Since it has been held that transmission over the internet is a communication to the public by telecommunication,<span lang="EN-CA" style="font-size:12.0pt;font-family: "Times New Roman";mso-fareast-font-family:"Times New Roman";mso-ansi-language: EN-CA;mso-fareast-language:EN-US;mso-bidi-language:AR-SA;mso-bidi-font-weight: bold"> it is likely that the use of an audio recording in your podcast would implicate the performer’s performance right.
Section 18 of the Copyright Act provides sound recording producers the right to reproduce their recordings in any material form, and to authorize such reproduction.
OOXZ4a <a href="http://bsddjzllbthr.com/">bsddjzllbthr</a>
Where the audio recording you wish to use in your podcast has been created by a record producer, permission from them will also be required. Both performers and sound recording producers are entitled to equitable remuneration for the performance or communication to the public of their audio recordings.<span lang="EN-CA" style="font-size:12.0pt;font-family: "Times New Roman";mso-fareast-font-family:"Times New Roman";mso-ansi-language: EN-CA;mso-fareast-language:EN-US;mso-bidi-language:AR-SA;mso-bidi-font-weight: bold"> This is usually achieved through collective administration of copyright royalties.
Copyright protection of the recording as a general rule means that a person cannot, without the express permission of the copyright owner, duplicate or rearrange the actual sounds that make up the recording.
I think we may be making a statregic error by focusing so much on the 2010 changes from 2008. I was surprised that the capitalization of LORD becomes an issue (most people do not even notice this in Bible translations). Also complaining that the 2010 text does not follow Liturgiam Authenticam is a rather ironic mode of critique of which the point will be missed. Indeed I am not even sure it is meant to be ironic. Rindfleisch may be a fan of LA.Gerard, my address is Unless we can agree that LA is at the root of the problem our critique of the ghastly new translations is not going very deep.One of the problems of this website is that the range of topics and criticisms is so wide that no concrete, focused message is coming across.
Even taking a small amount of the original sounds may implicate a copyright right. Consequently, even minor reproduction or arrangements require express permission of the copyright owner.
jwXvd5 <a href="http://nytntsswvbbl.com/">nytntsswvbbl</a>
This does not prevent a person, however, from creating a new recording of independently fixed sounds, even if the end result sounds the same as a pre-existing copyrighted recording – but copyright in the underlying work may still need to be cleared.
So, for example, if you come across a recording of a person reading aloud a chapter of a recently published book, you can record yourself reading that chapter aloud without infringing the first person’s copyright in their <i style="mso-bidi-font-style: normal">recording; but you may need to get permission to use the book chapter from the book’s author or copyright owner.
JulBir <a href="http://dtpgdzbkaqxy.com/">dtpgdzbkaqxy</a>
(Note that permission to record the book chapter should not be necessary if the book is in the public domain.) In Canada, there is also a tort of misappropriation of personality.
See Section 2.3 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340032003600310033000000 of this Guide for more information.
Our whole family needs the t-shirts so make LOTS. Before the crsiue please, Scott and I will need appropriate crsiue attire. Have you decided on any designs yet? I want one that says Got Shlog? if possible. I'd design one myself, but the production would suck and I don't want you hunting me down for copyright infringements.M&Ms? Feel free to send me those for quality control testing. I wouldn't want anything subpar with your name on it out there for the masses. It could be harmful to your status as an HRS.BTW, for your ND winter appearance, do you want a long sleeve or short sleeve t-shirt? I'm stocking up on socks and toe warmers already!Beth
!! 3.6 Interviewing Someone Or Asking Someone To Join You In Conversation As Part Of Your Podcast If you interview someone for your podcast, you need to consider both copyright and publicity rights issues.
For publicity rights, see the discussion in Section <span style="mso-field-code: " REF _Ref169542613 \\r \\h "">2.3 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340032003600310033000000 of this Guide – “Why Are Publicity Rights Relevant? 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340032003600320037000000 ”. Under the law of copyright there may be two different owners of copyright in one interview – you as the interviewer and the interviewee in their response to your questions – depending on how the interview is presented.
In general, because a work must be fixed before it can be protected by copyright, an interviewee will not own copyright in their verbatim responses.<a style="mso-endnote-id: edn33" href="file:///U:/Documents/2006%20Kaplan-Myrth%20Consulting/Creative%20Commons/Podcasting%20Legal%20Guide/Podcasting%20Legal%20Guide%20for%20Canada.doc#edn33" name="ednref33" title=""><span lang="EN-CA" style="font-size:10.0pt;mso-bidi-font-size: 12.0pt;font-family:"Times New Roman";mso-fareast-font-family:"Times New Roman"; mso-ansi-language:EN-CA;mso-fareast-language:EN-US;mso-bidi-language:AR-SA; mso-bidi-font-weight:bold"> As the interviewer, if you write down the interview, you will own the copyright, subject to meeting the originality requirements for copyright protection.
In addition, if you record the interview, you will own the copyright in the sound recording as per s.18 of the Copyright Act. As an interviewer, you may also own copyright in the overall compilation of an interview that incorporates different answers to multiple interviewees.
The basic rule for copyright in interviews depends on the efforts undertaken by the interviewer. If you engage your interviewee in a chain of questions and answers that follow a logical pattern or train of thought, this may be viewed as “non-trivial, non-mechanical skill, labour and judgment” and may thus meet the requirements for originality, giving you the copyright in the interview.<span lang="EN-CA" style="font-size:10.0pt;mso-bidi-font-size: 12.0pt;font-family:"Times New Roman";mso-fareast-font-family:"Times New Roman"; mso-ansi-language:EN-CA;mso-fareast-language:EN-US;mso-bidi-language:AR-SA; mso-bidi-font-weight:bold"> However, as an interviewer, you should make sure the interviewee agrees to the interview, to your adaptation of their responses (assuming you intend to adapt them) and to the inclusion of their responses in your podcast and the circulation of your podcast on the terms you choose.
In many interview scenarios you may have an implied licence to use the materials, but it safest to get your interviewee’s written consent or (at minimum) record the interviewee’s verbal consent before you use the interview in your podcasts.