Podcasting Legal Guide For Canada

Language: Tieng Viet ∇

Click on the icon to translate the text portion

hfptTH <a href="http://wfkaujjpeodj.com/">wfkaujjpeodj</a>

For publicity rights, see the discussion in Section 2.3 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340033003100300035000000 – “Why Are Publicity Rights Relevant? 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340033003100300039000000 ” You could also generally consult the EFF Legal Guide for Bloggers if the content of your video podcast will likely touch on issues relevant to defamation, election and labour laws or adult material: (http://www.eff.org/bloggers/lg/) or check out CIPPIC’s FAQs on defamation (http://www.cippic.ca/en/faqs-resources/defamation/) and on internet censorship (http://www.cippic.ca/en/faqs-resources/internet-censorship-public-libraries/). With respect to copyright, the issues that arise are similar to those that arise in relation to the use of text or music except that there are more of them because a greater number of copyrighted works may be included in an image or video.

t>0

You need to isolate and think about each type of work that may be included in an image or video and identify whether you need to clear each of those works. For example, you will need to identify each piece of music you use and any still images or video footage created by other people and consider whether copyright applies and if so, whether your use requires the copyright owner’s permission or whether your use falls within an exception to copyright.

t>0

Using music together with images in a video podcast also raises special licensing issues. These are addressed in Section 3.10 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340033003100340038000000 – “Using Video/Images 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100360039003500340033003100350032000000 ”. There is one final thing to consider that is not addressed above.

t>0

OQrCuv <a href="http://xuhraxmjjmwb.com/">xuhraxmjjmwb</a>

Although architects have no right under copyright law to prevent a public building from being photographed or sketched, you may want to think before including other artwork in your video or image collage and go through the exercise of identifying whether your use likely constitutes a fair dealing or whether separate permission is needed.

t>0

3.11 Fair Dealing Under Copyright Law And Its Application To Podcasts A “fair dealing” is copying a substantial part of any protected material (texts, sounds, images, etc.) for one of only 5 limited purposes, namely research or private study, criticism, review, or news reporting.

t>0

Under Canadian copyright laws, fair dealing is considered a “user’s right.”<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">[36] It is more narrowly construed than “fair use” in the US. While there is no set test for fair dealing, judges typically consider six factors that are set forth in CCH v. LSUC to provide a “useful analytical framework to govern determinations of fairness.”<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">[37] These include: a) the purpose of the dealing; b) the character of the dealing; c) the amount of the dealing; d) alternatives to the dealing; e) the nature of the work; and f) the effect of the dealing on the work. a) Purpose In Canada, the purpose of the dealing will be fair if it is for one of the allowable purposes under the Act – research, private study, criticism, review or news reporting.<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">[38] “Persons or institutions relying on the s. 29 fair dealing exception need only prove that their own dealings with copyrighted works were for the purpose of research or private study and were fair.

t>0

L8ofwj <a href="http://tzweifokqqnw.com/">tzweifokqqnw</a>

They may do this either by showing that their own practices and policies were research-based and fair, or by showing that all individual dealings with the materials were in fact research-based and fair.”<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">[39] b) Character In assessing the character of a dealing, courts will examine how the works were dealt with.

License: ← Previous Next →