Copyright Management Made Easy
Copyright law is the legal framework that protects original works of authorship from unauthorized copying and certain other uses.
The following is a legal disclaimer to inform readers that the information presented on this blog is not intended to be legal advice, and should not be construed as such. The content provided is for general informational purposes only.
While the fundamental principles of copyright law are similar across various jurisdictions, there are important differences in how copyright law is implemented and enforced in different countries. We spoke with RightsClick founders David Newhoff and Steven Tepp and learned some key differences that creatives should be aware of when seeking opportunities for their work in either direction across the border.
Imprimo: What are some of the key differences that set USA copyright law apart from the same legislation in Canada?
RightsClick: In both the USA and Canada, copyright disputes are usually resolved outside of court through cease and desist letters or DMCA notices. DMCA is a US statute, but it has become a model for the world. If an artist anywhere in the world finds their work on a third-party website without permission, they can send a notification to have it removed. But under US jurisprudence, before sending a DMCA notice artists need to consider fair use, which is a defense under US copyright law. Fair use is considerably more flexible than Canada’s equivalent fair dealing law. RightsClick’s software includes an assessment tool that helps artists evaluate fair use, so they can be informed before sending notices.
Imprimo: Can you tell us about the differences between fair use and fair dealing?
RC: Both doctrines allow for limited use of copyrighted material without permission for certain purposes, such as criticism, commentary, news reporting, teaching, scholarship, or research. However, the scope and application of fair use and fair dealing differ significantly between the two countries. In the USA, the fair use doctrine is more flexible than fair dealing in Canada, which specifically spells out permissible uses.
Imprimo: Can you tell us more about the US Copyright Office? Why is registering your work important, and do artists outside of the USA stand to benefit from registering their works?
RC: In the USA, copyright protection is automatic upon creation of a work, a lawsuit for copyright infringement requires registration with the US Copyright Office. In order to comply with the Berne Convention*, this only applies to US authors. In Canada, registering a work with the Canadian Intellectual Property Office is optional and not necessary for a favorable legal outcome. For all authors, foreign and domestic, the USA has a statutory damages system where timely registered works are entitled to monetary damages based on a range set in the law; an artist need not prove actual damages. Timely registration also opens the possibility of an award of the payment of the artist’s attorney’s fees by the infringer. In contrast, copyright owners of unregistered works will only be awarded damages they can prove and will have no opportunity for an award of attorney’s fees. This limitation can hinder even settlement negotiations as the infringers know the author/artist has a weaker position. The RightsClick app simplifies and facilitates registration, sparing the artist from having to wrestle with the clunky and confusing US Copyright Office registration portal.
*Note: The Berne Convention is an international agreement governing copyright law. It establishes minimum standards for copyright protection, such as the automatic protection of works without the need for registration. The treaty requires member countries to treat works from other member countries in the same way as domestic works.
Although Imprimo’s blockchain-powered attribution ledger can be enough to stop misuse before it starts and can be persuasive enough to put a stop to misuse, is not sufficient to seek statutory damages in a US court of law, nor is it always enough to stop malicious misuse on its own accord. When combined with the streamlined path to traditional legal recourse offered by RightsClick, Imprimo’s verified metadata can enhance the efficacy of a cease-and-desist letter, and ultimately work together with RightsClick to help artists see a favorable outcome.
