Re: [d@DCC] Movie copyright duration

From: Jonathan Addleman <jonathan.addleman _-at-_ mail.mcgill.ca>
To: "General Copyright Discussions (questions, organizing, etc)" <discuss (at) list.digital-copyright.ca>
Date: Wed, 18 Jul 2007 12:36:44 -0400
References: <mailman.1.1184774402.20251.discuss@list.digital-copyright.ca> <d004dec23477.469ddbc1@shaw.ca>

Chris Brand wrote:
> Jonathan wrote:
>> How long does copyright last on movies in Canada? The act says the
>> following:
>> =====================
>> Except for cinematographic works in which the arrangement or acting form
>> or the combination of incidents represented give the work a dramatic
>> character, copyright in a cinematographic work or a compilation of
>> cinematographic works shall subsist
>> 
>>     (a) for the remainder of the calendar year of the first publication
>> of the cinematographic work or of the compilation, and for a period of
>> fifty years following the end of that calendar year; or
>> 
>>     (b) if the cinematographic work or compilation is not published
>> before the expiration of fifty years following the end of the calendar
>> year of its making, for the remainder of that calendar year and for a
>> period of fifty years following the end of that calendar year.
>> 
>> ======================
> 
> I don't see any mention of the author there, just the year of first publication
> and the year of its making.
> So it seems to me that the date of expiration is pretty clear, it's who owns
> the copyright until it expires that's murky.
> That's purely based on what you quoted, though.

Right - I wasn't too clear perhaps. It says at the beginning there,
'except for cinematographic works ... [with] a dramatic character...'.
It's not entirely clear what it means by 'dramatic character', but I'm
inclined to think that it applies for any feature film. The 50 years
after publication would then be for newscasts and educational films and
that sort of thing. But it really is vague.

http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/copy_gd_protect-e.html goes
into a tiny bit more detail though:

"The duration of protection for cinematographic works which do not have
an original arrangement, acting form or combination of incidents (e.g.
most home videos) is the remainder of the calendar year of first
publication and for 50 years following the end of that calendar year.
... Films and videos which do have an original arrangement, acting form
or combination of incidents have always been protected for the life of
the author plus 50 years."

I think that then the default life + 50 applies for any feature film.
I'd be very happy to hear otherwise though, since publication date makes
much more sense for movies, IMHO.

-- 
Jon-o Addleman - http://www.redowl.ca
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