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Copyright

The exclusive right to produce or reproduce (copy), to perform in public or to publish an original literary or artistic work, pursuant to a statute usually called the "Copyright Act", or some similar name.

A form of intellectual property.

In Copinger and Skone James on Copyright, the term is defined as:

"Copyright is ... the bundle of rights that are granted by statute, for limited periods of time and subject to certain permitted exceptions, in respect of original literary, dramatic, musical or artistic works such as novels, plays, poems, musical compositions, paintings, sculptures, as well as sound recordings, films, broadcasts or cable programmes, performances and typographical arrangements of published editions. These are proprietary rights giving the owner the right to do and to authorise other persons to do the acts restricted by the copyright law."

At ¶99-100 of Anne of Green Gables, Justice Wilson of the Ontario Supreme Court summarized copyright as:

"Copyright is described as a bundle of rights which confer upon the owner the rights inter alia to publish, produce, reproduce, perform, translate, adapt, communicate, exhibit, rent, trade and distribute the literary work.

"Copyright protects the original literary work itself, plus any of its characters whose descriptions are distinctive, thorough, and complete.

"The common law has interpreted copyright as entitling the owner to assert his or her exclusive proprietary rights to commercially exploit an original work, or characters and situations in the work.

"As a general rule, copyright protects only some, but not all, of the content of a literary work. It protects the form in which ideas are expressed, but it does not protect the ideas themselves."

In the United States, the Intellectual Property Office defines copyright as:

copyright image"... a form of protection provided to the authors of original works of authorship including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished.

"The (US) 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.

"(C)opyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine."

Many countries have expanded the definition of a literary work to include computer programs or other electronically stored information.

The international symbol for a work for which copyright is claimed is the "c" inside of a circle as in ©.

Copyright are not absolute rights and are subject to a number of limited exceptions such as fair use or fair dealing.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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