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April 1991


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Mark Ritchie <[log in to unmask]>
Reply To:
Film and TV Studies Discussion List <[log in to unmask]>
Thu, 4 Apr 91 16:22:15 EST
text/plain (41 lines)
On Thu, 4 Apr 91 13:37:21 EST <FLANNAGA@OUACCVMB> said:
>Has anyone thought out the problem of copyright when an individual takes
>snippets of scenes from various movies or videotaped productions and
>exhibits them as, say, part of a lecture?  Is that analogous not to
>Kinko's taking long excerpts or entire papers in a course pack but to
>quoting sentences from a book in a book review?  Any legal definition
>for the process of using snippets as an instructive device?
In Canada the practice would be an infringment of copyright, moral
rights and exhibition rights.  Section 27(2)(a) of he Copyright Act of
1988 is very clear on the "fair dealing" concept.  It states that
"any fair dealing with any work for the purposes of private study,
research, criticism, review or newspaper summary"  Caselaw in Canada and
the U.K. makes it clear that the scope of the section is quite narrow
and does not include teaching.
The infringement of moral rights comes because of the "mutilation" of the
work by cutting it up and the infringement of exhibition rights comes
because, under Canadian Law, a classroom screening is a public
performance for which a licence fee may be charged.
All three types of rights have been enshrined in the 1988 Act, there are
not exemptions for educational use and, according to the latest
information, there will be no educational exemptions.
In the case of photocopying course packs the situation in Canada is
different than the USA.  We have a copyright collective that deals
with photocopying called CanCopy which is empowered by the 1988 Act
to set clearance fees, collect fees and distributed them to the
copyright holders.  So Kinko's, or anyone else for that matter, only
needs to deal with one body.  Copying of complete works is forbidden
unless the work is out of print.
Mark Ritchie                      | Tel: (519) 888-4070
Media Librarian                   | Fax: (519) 888-6197
Audio-Visual Centre               |
University of Waterloo            | NetNorth: [log in to unmask]