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Société québécoise de gestion collective des droits de reproduction

Newsletter - April 11, 2019
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Mobilizing for a more balanced Act

As the final sprint gets underway in the review of the Copyright Act, the Copibec team is welcoming the warmer spring weather and venturing outdoors. During this season of regeneration, we’re very pleased to give you the latest Legal Explainer and a new guide.

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Executive Director’s update

Spring is finally here and Copibec has taken the opportunity to reach out and meet with you. Against the backdrop of the Copyright Act review, our team went to the Trois-Rivières book fair on March 28 and 29 to speak out against the current situation and raise awareness for our cause not only among the author and publisher community but among the general public as well.

We also attended the Quebec City international book fair to continue our mobilization campaign. Annie Massicotte, our Legal Counsel, Kevin Charron, our Communications Coordinator, and myself were on-site April 10, 11 and 12 to inform authors and publishers and give out buttons. To see photos from the book fair and stay up to date on developments in the Act’s review, follow us on Facebook and Twitter.

The results of the next federal election could have an impact on the review’s outcome. Your involvement can make a difference. I encourage you to visit our Mobilisation page (in French) to find out more about the consequences of the 2012 amendments and the current situation for authors and publishers.

Lastly, many of you have contacted us about online content sharing, especially the saga of the Ebook.bike piracy site. To help you ensure copyright compliance for your content, our team has put together a guide on how to have your illegally shared content taken down. Of course, Copibec is available to answer your questions or provide additional information.

Frédérique Couette
Executive Director

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Some people think copyright is a complex, abstract and obscure topic. Let’s change that perception! Our Legal Explainer provides a simple, dynamic explanation of the situations experienced by copyright owners and content users. Issued every once in a while, Legal Explainer looks at concrete issues and gives you an easy-to-understand but reliable answer supported by the Copyright Act and case law.

We hope you’ll find it helpful!

*This text does not constitute a legal opinion. The explanations apply only to the facts described in this scenario.

Using literary works in a video

Luisa is an elementary school teacher. Her principal suggested that she make a video of herself teaching a course so she could show other teachers throughout Quebec how she uses picture books in the classroom. She’s thrilled with the idea. After all, she’s always dreamed of being a star!

After making her “documentary short subject,” she intends to upload it to a popular video-sharing site. She can count on a team of five camera operators to make her project a reality! For one of the scenes, she wants a close-up where she shows the cover of a picture book and then turns all the pages and explains the entire contents to support what she’s saying. Joe the cameraman reminds her that she doesn’t own the copyright to that book and needs permission to use it on video. Is Joe right?

According to the Copyright Act, Luisa would be reproducing the picture book’s content and transmitting it to the public by telecommunication. Only the copyright owner is allowed to do that. Luisa will have to get permission and pay royalties if she wants to proceed.

Since Luisa’s video will be available to the general public and won’t be limited to teachers or students at her school or school board, her use of the book is not covered by the licence issued by Copibec. Plus, there’s no exception in the Act allowing that type of use. Luisa therefore has to request permission and pay the relevant royalties.

The situation would be different if her content use fell within the reproduction limits of the Copibec licence (which is not the case) AND if the video was shared only through her educational institution’s secure network.

After obtaining permission, Luisa will also have to make sure she indicates the bibliographic references for the publication used in the video.

Of course, Copibec can help Luisa get the necessary permissions. If you find yourself in a similar situation, don’t hesitate to contact us!

And finally, Luisa has to keep in mind that her employer may own the copyright to the video because it was produced as part of her job.

If content is created in a job setting, does the employer always own the copyright to that content? We’ll answer that question in a future Legal Explainer.


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Authors mobilizing to support copyright: Copibec at the Quebec City International Book Fair


Montreal, April 8, (...)

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