HELP CANADIAN PHOTOGRAPHERS CHANGE THE LAW
In Canada, the Copyright Act discriminates against assignment photographers (photographers who are commissioned to make photographs by a client).
Help your fellow photographers by donating to the CAPIC Copyright Fund
DONATE NOW
Help your fellow photographers by donating to the CAPIC Copyright Fund
DONATE NOW
COPYRIGHT - MISSION POSSIBLE!
Since its founding in 1978 CAPIC has worked very hard to ensure that members' copyright in their works is valid and, protected.
Today, 82 years after the Copyright Act was proclaimed in Canada, our photographer members and all other professional and amateur photographers in Canada are still denied automatic ownership of copyright in commissioned works.
Under Section 13(2) of the Act, any person or corporation that hires a photographer (commissions a work) will automatically own the copyright in that work, once the work has been paid for UNLESS there is an agreement to the contrary.
No other creators in Canada are treated with such disdain! Canadian sculptors, playwrights, illustrators, authors, painters and other creators of original works automatically own the copyright in their work, even when the work is commissioned.
In August of 2001, CAPIC and PPOC (Professional Photographers of Canada) formed the Canadian Photographers Coalition to lobby the Government of Canada to have Section 13(2) removed from the Act, thereby leveling the playing field. Lobbying is an activity, approved by Parliament, wherein professional lobbyists, registered with Parliament, act as official agents for various groups on Parliament Hill. Using professional lobbyists is the most effective and cost-efficient way to advance one's cause to government.
Our efforts included introduction of a Private Member's Bill (S-20) in the Senate in 2003 that placed significant pressure on the Government to deal with our issues. Our hard work was rewarded in June of 2005 when Bill C-60 received first reading in the House of Commons. Bill C-60 was an omnibus bill which included the changes that we had fought so hard to achieve. Unfortunately, Bill C-60 died on the Order Paper when Parliament was dissolved on November 29th, 2005.
Today, 82 years after the Copyright Act was proclaimed in Canada, our photographer members and all other professional and amateur photographers in Canada are still denied automatic ownership of copyright in commissioned works.
Under Section 13(2) of the Act, any person or corporation that hires a photographer (commissions a work) will automatically own the copyright in that work, once the work has been paid for UNLESS there is an agreement to the contrary.
No other creators in Canada are treated with such disdain! Canadian sculptors, playwrights, illustrators, authors, painters and other creators of original works automatically own the copyright in their work, even when the work is commissioned.
In August of 2001, CAPIC and PPOC (Professional Photographers of Canada) formed the Canadian Photographers Coalition to lobby the Government of Canada to have Section 13(2) removed from the Act, thereby leveling the playing field. Lobbying is an activity, approved by Parliament, wherein professional lobbyists, registered with Parliament, act as official agents for various groups on Parliament Hill. Using professional lobbyists is the most effective and cost-efficient way to advance one's cause to government.
Our efforts included introduction of a Private Member's Bill (S-20) in the Senate in 2003 that placed significant pressure on the Government to deal with our issues. Our hard work was rewarded in June of 2005 when Bill C-60 received first reading in the House of Commons. Bill C-60 was an omnibus bill which included the changes that we had fought so hard to achieve. Unfortunately, Bill C-60 died on the Order Paper when Parliament was dissolved on November 29th, 2005.
A SENSE OF URGENCY
We have been informed that Prime Minister Harper's government will be introducing copyright legislation as early as September of this year. It is imperative that photographers be represented at the discussions preceding the Government's writing of the legislation! We must act now!
THE CUPBOARD IS BARE!
CAPIC funds its portion of the CPC lobbying activities by soliciting donations to the CAPIC Legal Fund from members and non-members across the country. The CAPIC members (2) that travel to Ottawa to present your case do so on a volunteer basis, spending many hours away from their businesses for the benefit of their fellow photographers. They are not paid and only receive reimbursement for actual, receipted travel expenses. All of the funds raised since 2001 have been spent directly on copyright reform and now, the cupboard is bare!
HOW CAN YOU HELP?
You can help by making a donation to the CAPIC Copyright Fund today! All donations of $25 and over will receive a receipt from CAPIC acknowledging your donation. Please note that these donations are not considered Charitable Donations under the Income Tax Act. Donations are, however, a valid business expense.
DONATE NOW
DONATE NOW
WHAT IS COPYRIGHT?
Copyright literally means having the right to copy, which extends to all types of reproduction, publication, public presentation and other specified uses. Copyright is part of international law that deals with 'intellectual property.' These laws, which vary between countries, also apply to patents, trademarks, industrial design and trade secrets.
In very broad terms, copyright protects the expression of original ideas but not the information itself. This expression is often called 'the work' or, in the case of photos and illustrations, 'the artistic work.' Copyright consists of a 'bundle' of different rights that covers how that work is used. The copyright of a work can be divided into a number of rights, and each right dealt with separately.
Take a simple example of a photograph showing an apple at sunset. Copyright law does not protect the idea behind an illustration or a photograph. The idea of taking a photo of an apple at sunset is not protected by copyright – there are no restrictions on creating such an image. But the expression of a specific image - the way the photography is taken, the positioning, the lighting etc. – is protected through copyright. Even if the photograph includes elements, such as a building or object, that are not yours, the work itself is yours. (Note: in certain cases, you do need permission to include other people and/or their property in your work, see section on model releases).
Copyright is based on a simple principle: whoever creates or owns a work controls how that work is used. To qualify for copyright, a work must be:
In very broad terms, copyright protects the expression of original ideas but not the information itself. This expression is often called 'the work' or, in the case of photos and illustrations, 'the artistic work.' Copyright consists of a 'bundle' of different rights that covers how that work is used. The copyright of a work can be divided into a number of rights, and each right dealt with separately.
Take a simple example of a photograph showing an apple at sunset. Copyright law does not protect the idea behind an illustration or a photograph. The idea of taking a photo of an apple at sunset is not protected by copyright – there are no restrictions on creating such an image. But the expression of a specific image - the way the photography is taken, the positioning, the lighting etc. – is protected through copyright. Even if the photograph includes elements, such as a building or object, that are not yours, the work itself is yours. (Note: in certain cases, you do need permission to include other people and/or their property in your work, see section on model releases).
Copyright is based on a simple principle: whoever creates or owns a work controls how that work is used. To qualify for copyright, a work must be:
- Original - Not a copy of an existing work.
- Fixed - Exist in some identifiable (i.e. physical, visual, electronic) form. Also, the work must be created by a person who is a citizen or resident of Canada, or connected with another country that adheres to the Berne Convention or a similar international copyright treaty, or is first published in such a country. Canadian copyright law applies to works in Canada. If a work created in Canada is used in another country, then that country's copyright law applies.
LINKS
The Association of Photographers (AOP) in the UK has put together a very informative website about copyright and the value of images at this site:
http://www.copyright4clients.com/faqs
American Association of Media Photographers
http://www.asmp.org/
To Find A Photographer/Illustrator in Canada, click here http://www.capic.org/search.html
http://www.copyright4clients.com/faqs
American Association of Media Photographers
http://www.asmp.org/
To Find A Photographer/Illustrator in Canada, click here http://www.capic.org/search.html