Thank you, Jean. This is succinct and helpful.
I am still a bit confused about the implications of unpublished vs. published status of photographs (as shown in this flowchart
https://www.ualberta.ca/faculty-and-staff/copyright/intro-to-copyright-law/licensed-royalty-free-content/pd-flowchart---types.html where the periods seem to be longer than 50 years). I am crossing my fingers that you will teach another workshop! I learned
a lot from your last one.
Mary Grace Kosta, M.A., M.L.I.S.
Congregational Archivist
485 Windermere Rd., Box 487
London, ON N6A 4X3
(519) 432-3781 x 404
I acknowledge that I live and work on the territory of the Anishinaabeg, Haudenosaunee, Attawandaron (Neutral), and Wendat peoples, and pay my respects to Elders past and present.
This email, including any and all attachments, (this "Email") is intended only for the party to whom it is addressed and may contain information that is confidential or privileged. The Congregation
of the Sisters of St. Joseph in Canada accepts no responsibility for any loss or damage suffered by any person resulting from any unauthorized use of or reliance upon this Email. If you are not the intended recipient, you are hereby notified that any dissemination,
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From: Jean Dryden <[log in to unmask]>
Sent: Sunday, January 08, 2023 2:16 PM
To: Mary G Kosta <[log in to unmask]>
Cc: [log in to unmask]
Subject: Re: Copyright question
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Hi Mary Grace,
Copyright in photos is indeed confusing because of various amendments that took effect in 1997 and 2012.
Photographs are not exempt from the term extension provision that took effect on 30 December 2022. If the copyright in a photo had already expired as of that date, the photo remains in the public domain (i.e., is no longer
protected by copyright). But for photos still in copyright, the term of copyright is now life of the "author" (i.e., the photographer) plus 70 years (an increase of 20 years). Note that the trigger for the expiry is death of the author, not publication. However,
the term rules for Crown works (including photos) did not change; i.e., Crown works are protected for 50 years from the date of publication.
Hope that helps,
Jean
Jean Dryden, CRM, MA, MLS, LLM(IP), PhD
Dryden Consulting Services
On Sun, 8 Jan 2023 at 11:55, Mary G Kosta <[log in to unmask]> wrote:
Thank you, Lisa! So I guess basically, copyright on photographs is extended to 70 years after the publication date or date of death in cases where this was previously 50 years. I find photographs very confusing!
Mary Grace
Mary Grace Kosta, M.A., M.L.I.S.
Congregational Archivist
485 Windermere Rd.
London, ON N5X 2T1
(519) 432-3781 x 404
On twitter: @csjarchive
I acknowledge that I live and work on the territory of the Anishinaabeg, Haudenosaunee, Attawandaron (Neutral), and Wendat peoples, and pay my respects to Elders past and present.
This email, including any and all attachments, (this "Email") is intended only for the party to whom it is addressed and may contain information that is confidential or privileged. The Congregation of the Sisters of St. Joseph in Canada accepts no responsibility for any loss or damage suffered by any person resulting from any unauthorized use of or reliance upon this Email. If you are not the intended recipient, you are hereby notified that any dissemination, copying or other use of this Email is prohibited. Please notify us of the error in communication by return email and destroy all copies of this Email. Thank you.
From: Lisa Mullins <[log in to unmask]>
Sent: January 8, 2023 11:27 AM
To: Mary G Kosta <[log in to unmask]>; [log in to unmask]
Subject: Re: Copyright question
You don't often get email from [log in to unmask]. Learn why this is important
Ah, apologies - I mis-read your question!
Photographs are "artistic works" under the Canadian Copyright Act:
"artistic work includes paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship, architectural works, and compilations of artistic works" (Copyright Act, sec. 2)
So they should be part of the 70 years rule.
Good luck!
~L
Lisa Mullins
Archivist
Inuit Circumpolar Council (Canada)
75 Albert Street, Suite 1001
Ottawa, ON Canada K1P 5E7
613-563-2642 ext. 22
From: Mary G Kosta <[log in to unmask]>
Sent: Sunday, January 8, 2023 11:13 AM
To: Lisa Mullins <[log in to unmask]>; [log in to unmask] <[log in to unmask]>
Subject: RE: Copyright question
Thanks, Lisa. I am also familiar with this resource: https://www.ualberta.ca/faculty-and-staff/copyright/intro-to-copyright-law/licensed-royalty-free-content/pd-flowchart---types.html as well as the excellent book by Jean Dryden, “Demystifying Copyright.” What I’m not clear about is whether the copyright extension to 70 years which has just come into force applies only to literary, dramatic, musical, and artistic works, and is silent on any changes to copyright as applies to photographs?
Mary Grace
Mary Grace Kosta, M.A., M.L.I.S.
Congregational Archivist
485 Windermere Rd.
London, ON N5X 2T1
(519) 432-3781 x 404
On twitter: @csjarchive
I acknowledge that I live and work on the territory of the Anishinaabeg, Haudenosaunee, Attawandaron (Neutral), and Wendat peoples, and pay my respects to Elders past and present.
This email, including any and all attachments, (this "Email") is intended only for the party to whom it is addressed and may contain information that is confidential or privileged. The Congregation of the Sisters of St. Joseph in Canada accepts no responsibility for any loss or damage suffered by any person resulting from any unauthorized use of or reliance upon this Email. If you are not the intended recipient, you are hereby notified that any dissemination, copying or other use of this Email is prohibited. Please notify us of the error in communication by return email and destroy all copies of this Email. Thank you.
From: Lisa Mullins <[log in to unmask]>
Sent: January 8, 2023 10:20 AM
To: [log in to unmask]; Mary G Kosta <[log in to unmask]>
Subject: Re: Copyright question
You don't often get email from [log in to unmask]. Learn why this is important
Hi Mary Grace,
The Canadian Council of Archives has a good copyright bulletin on the 2012 modernization act here https://archivescanada.ca/wp-content/uploads/2022/08/Bulletin10_EN.pdf . The successive provisions it mentions did indeed come into force.
If anyone has a more recent bulletin/newsletter/summary, I would be interested in it as well.
Thanks,
~Lisa
Good luck!
~Lisa
Lisa Mullins
Archivist
Inuit Circumpolar Council (Canada)
75 Albert Street, Suite 1001
Ottawa, ON Canada K1P 5E7
613-563-2642 ext. 22
From: A forum for discussion for the Archives Assoc. of Ontario <[log in to unmask]> on behalf of Mary G Kosta <[log in to unmask]>
Sent: Sunday, January 8, 2023 9:07 AM
To: [log in to unmask] <[log in to unmask]>
Subject: Copyright question
I have a copyright question. I know there is an extension of copyright for 20 more years (to 70 years) for literary, dramatic, musical, and artistic works, but just wondered if there is a corresponding extension to photographs to which currently a span of 50 years applies?
Mary Grace
Mary Grace Kosta, M.A., M.L.I.S.
Congregational Archivist
485 Windermere Rd.
London, ON N5X 2T1
(519) 432-3781 x 404
On twitter: @csjarchive
I acknowledge that I live and work on the territory of the Anishinaabeg, Haudenosaunee, Attawandaron (Neutral), and Wendat peoples, and pay my respects to Elders past and present.
This email, including any and all attachments, (this "Email") is intended only for the party to whom it is addressed and may contain information that is confidential or privileged. The Congregation of the Sisters of St. Joseph in Canada accepts no responsibility for any loss or damage suffered by any person resulting from any unauthorized use of or reliance upon this Email. If you are not the intended recipient, you are hereby notified that any dissemination, copying or other use of this Email is prohibited. Please notify us of the error in communication by return email and destroy all copies of this Email. Thank you.
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