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Copyright Act, Section 3: �Copyright in Works

*April 2019

This instructional module is not intended as legal advice. All Opening Up Copyright modules are made available under a Creative Commons Attribution 4.0 (CC-BY-4.0) International license.

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A STAND-IN TERM

COPY

RIGHT

TO

RIGHT

COPY

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SECTION 3

s. 3

JUNE 6,

1988

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SECTION 3 IS VERY SPECIFIC!

C

O

P

Y

R

I

G

H

T

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EXAMINING SECTION 3(1)

“… means the sole right to produce or

reproduce the work or any

substantial part thereof

in any material form

whatever...”

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DETAILS IN THE PHRASE

in any material form

whatever...”

substantial

part thereof

sole right

to produce or

“… means the

reproduce the work or any

Thanks, copyright!

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DETAILS IN THE PHRASE

in any material form

whatever...”

substantial

part thereof

sole right

to produce or

“… means the

reproduce the work or any

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DETAILS IN THE PHRASE

in any material form

whatever...”

substantial

part thereof

sole right

to produce or

“… means the

reproduce the work or any

(…because why not?)

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RIGHTS IN SECTION 3(1)

I THIS SCRIPT!

Now hang on there, Sandy…

Oh wait. Nevermind.

You good, boo.

THEY GOTTA SEE THIS IN ***** !

YUSSS!!

私はこのテキストが大好きです！

University of Alberta. 2019. “Section 3.” Opening Up Copyright Instructional Module. https://www.ualberta.ca/copyright/resources/opening-up-copyright-instructional-modules

PROVIDING #attribution IS

#doinItRight!�

#WINNING

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RIGHTS IN SECTION 3(1)

©

May I?

Sure!

©

Section 3 also includes a number of rights involving changing a work betwixt various types of works. It is important to note that changing a work between types of works will generate new copyright-protected works. For example if you write a novel, you have the sole right to convert that novel into a dramatic work like a play. If you were to write the play based on your novel you would have a new copyright on the written play (as well as the original copyright on the novel). If someone else wanted to take your play and perform it, or turn it into a movie, they would need your permission as the copyright holder, and any recordings of the play or the movie itself would result in new copyrights.

�These same rights also work going in the opposite direction. For example, if you write a play and it is adapted into a novel. There are also similar provisions regarding adaptations among literary, dramatic and musical works as well as sound recordings and films (or, more accurately, ‘cinematographic works’).

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RIGHTS IN SECTION 3(1)

UH, WHO STILL USES FAX?

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RIGHTS IN SECTION 3(1)

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RIGHTS IN SECTION 3(1)

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RIGHTS IN SECTION 3(1)

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EXHAUSTION DOCTRINE

©

FIRST �SALE

DOCTRINE

� © !��

Your ability to limit the sale of the tangible object applies only to the first sale. Looking at it from the user’s perspective, if you buy a book or a CD, you have control over the physical object, though the rights holder still controls copyright in the intellectual work. In other words, if you buy a book or a CD, you can do what you like with the physical object, enjoy it, use it as a coaster, burn it in your fireplace, but you don’t have the same rights to the underlying intellectual work as the rights holder does – you can’t make copies, translate the work or telecommunicate it to the public unless you are relying on an exception to infringement such as fair dealing. Section 3(1)(j) gets at what is known as the ‘exhaustion doctrine’ in Canadian copyright, but you might know it by the similar US concept – the ‘first sale doctrine’.

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AUTHORIZING RIGHTS & USES

I GET TO DECIDE HOW MY WORK IS USED!

��

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A BUNDLE OF RIGHTS

COPY

RIGHT

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LEARNING OBJECTIVES

You should now be able to:

Understand copyright as a bundle of rights, rather than just the right to copy�
Recognize key words and phrases in section 3 that shape copyright, including “sole right,” “substantial,” and “in any material form”�
Understand that copyright holders may authorize uses by others

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THANK YOU FOR YOUR ATTENTION

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In section 3(1) of the Copyright Act, the term “sole right” means that:

The copyright holder must have a soul in order for copyright to be valid
Only the copyright holder is afforded the rights outlined in the section
Anyone associated with the creation of a work may enjoy the rights in section 3(1)
The copyright holder may only exercise one of the rights in the section

Which of the following rights is NOT covered by section 3(1) of the Copyright Act?

Restricting the ability for anyone to use the work under fair dealing exceptions
Converting a novel or non-dramatic work into a play or similar dramatic work
Making a sound recording of a copyrighted work
Translating the work into another language

QUESTIONS

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The Copyright Act provides some exceptions to the rights given to copyright holders in section 3(1).

True
False

The Copyright Act specifies how much copying of a work can be done before the copy is considered “substantial.”

True
False

QUESTIONS

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You can distribute copies of an MP3 you have purchased in all these cases except:

When copying is done under a fair dealing exception
When the copyright holder has authorized you to copy their work for this purpose
When the copyright holder cannot be identified
When the copyright holder made the song available under a Creative Commons licence

As a copyright holder, you can authorize others to use the rights in section 3(1) separately.

True
False

QUESTIONS

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Montu Yadav. (n.d.). Broadcast. The Noun Project. CC BY. https://thenounproject.com/term/broadcast/201837

Andrejs Kirma. (n.d.). Process. The Noun Project. CC BY. https://thenounproject.com/term/process/2067352

Saeful Muslim. (n.d.). Buy and sell. The Noun Project. CC BY. https://thenounproject.com/term/buy-and- sell/1214799

Template. (n.d.). Authorize. The Noun Project. CC BY. https://thenounproject.com/term/authorize/2205925

Priyanka. (n.d.). Viewing. The Noun Project. CC BY. https://thenounproject.com/term/viewing/1694590

Blair Adams. (n.d.). Drama. The Noun Project. CC BY. https://thenounproject.com/term/drama/953398

Shastry. (n.d.). DVD. The Noun Project. CC BY. https://thenounproject.com/term/dvd/2163746

Andrey Vasiliev. (n.d.). Film Projector. The Noun Project. CC BY. https://thenounproject.com/term/film- projector/336166

Adrian Coquet. (n.d.). Unlock. The Noun Project. CC BY. https://thenounproject.com/term/unlock/1862800

Geralt. (2017). Atomic bomb. Pixabay. CC0. https://pixabay.com/photos/atomic-bomb-nuclear-weapons- 2621291/

IMAGE AND SOUND REFERENCES

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GraphicMama-team. (2016). Arab girl. Pixabay. CC0. https://pixabay.com/en/arabian-arab-girl-female- ethnic-1456184/

Chrystalelizabeth. (2014). Teacher-bookworm-glasses-professor. Pixabay. CC0. https://pixabay.com/illustrations/teacher-bookworm-glasses-professor-359311/

Clip Art by Vector Toons. (2018). Charming Cartoon Businessman. Wikimedia Commons. CC BY. https://commons.wikimedia.org/wiki/File:Charming_Cartoon_Businessman.svg

GraphicMama-team. (2016). AfroAmerican Business. Pixabay. CC0. https://pixabay.com/en/afro- american-afroamerican-business-1454021/

GraphicMama-team. (2016). Guy Music Listening. Pixabay. CC0. https://pixabay.com/en/guy-music- listening-sound-song-1456576/

Twitter. (2019). [smiley face with hearts]. Wikimedia Commons. CC BY. https://commons.wikimedia.org/wiki/File:Twemoji12_1f970.svg

Twitter. (2014). [thumbs up]. Wikimedia Commons. CC BY. https://commons.wikimedia.org/wiki/File:Twemoji_1f44d.svg

IMAGE AND SOUND REFERENCES

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Louis Prado. (n.d.). Measuring. The Noun Project. CC BY. https://thenounproject.com/term/measuring/1976046

Dilakuscan. (n.d.). Blog. The Noun Project. CC BY. https://thenounproject.com/term/blog/1299097

Adam Simpson. (n.d.). Ten commandments. The Noun Project. CC BY. https://thenounproject.com/term/ten-commandments/209726

TSkaff. (2016). [flag of Japan]. Wikimedia Commons. CC BY-SA. https://commons.wikimedia.org/wiki/File:Japan_flag.png

Rivercon. (n.d.). Email. The Noun Project. CC BY. https://thenounproject.com/term/email/2131823

Gregor Cresnar. (n.d.). Phone. The Noun Project. CC BY. https://thenounproject.com/term/phone/373695

Gregor Cresnar. (n.d.). Fax. The Noun Project. CC BY. https://thenounproject.com/term/fax/1008089

Celsius Creative. (n.d.). Download. The Noun Project. CC BY. https://thenounproject.com/term/download/2217420

Vicons Design. (n.d.). Podcast. The Noun Project. CC BY. https://thenounproject.com/term/podcast/916000

H Alberto Gongora. (n.d.). Spam. The Noun Project. CC BY. https://thenounproject.com/term/spam/509046

IMAGE AND SOUND REFERENCES

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Geralt. (2017). Social Media Manager. Pixabay. CC0. https://pixabay.com/en/social-media-manager-online- 1958774/

Fotocitizen. (2016). Microphone Mic Vocal. Pixabay. CC0. https://pixabay.com/en/microphone-mic-vocal- media-mike-1172260/

Google. (2017). [flexed bicep]. Wikimedia Commons. Apache License 2.0. https://commons.wikimedia.org/wiki/File:Emoji_u1f4aa.svg

Bohdan Burmich. (n.d.). America. The Noun Project. CC BY. https://thenounproject.com/term/america/16699

OpenMoji. (2018). [cat heart eyes]. Wikimedia Commons. CC BY-SA. https://commons.wikimedia.org/wiki/File:OpenMoji-color_1F63B.svg

Twitter. (2019). [hands clapping]. Wikimedia Commons. CC BY. https://commons.wikimedia.org/wiki/File:Twemoji12_1f44f-1f3ff.svg

Enshia. (n.d.). Book. The Noun Project. CC BY. https://thenounproject.com/icon/1787402/

ProSymbols. (n.d.). Art. The Noun Project. CC BY. https://thenounproject.com/icon/1976897

Atif Arshad. (n.d). Gramophone. The Noun Project. CC0. https://thenounproject.com/icon/1306170/

IMAGE AND SOUND REFERENCES

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Closing Slides Music: Rybak, Nazar. (n.d.). Corporate Inspired. HookSounds. CC BY. http://www.hooksounds.com/

Unattributed materials are contributions from the Opening Up Copyright Project Team and placed in the Public Domain.

IMAGE AND SOUND REFERENCES

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University of Alberta. (2019). Copyright Act, Section 3: Copyright in Works. �Opening Up Copyright Instructional Module. https://sites.library.ualberta.ca/copyright/

Suggested Citation:

For the project overview and complete list of modules please visit the project website at: https://sites.library.ualberta.ca/copyright/

Questions, comments, and suggestions should be directed to: ouc@ualberta.ca

This module is made available and licensed under a Creative Commons Attribution 4.0 International Licence

LICENSING AND ATTRIBUTION

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Copyright Office

Technologies in Education

Centre for Teaching and Learning

University of Alberta Library

School of Library and Information Studies

Adrian Sheppard

Amanda Wakaruk

Mireille Smith

Anwen Burk

Cosette Lemelin

Graeme Pate

Krysta McNutt

Michelle Brailey

Toby Grant

Julia Guy

Kris Joseph

Michael B. McNally

CONTRIBUTORS

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Opening Up Copyright modules were initially funded through the University of Alberta, Centre for Teaching and Learning’s Teaching and Learning Enhancement Fund (TLEF) with in kind contributions from the Copyright Office and the School of Library and Information Studies.

ACKNOWLEDGMENT