Ethics and Legal Issues in Writing and Publishing
Assignment 1
Carolyn Reagon
1. In Canada, what do you have to do to protect copyright?
Original literary, artistic, dramatic, or musical works are protected by Copyright. Copyright refers to the legal rights granted to creators for their artistic and literary works. A work can be an artistic piece, written material, music, drama, computer program, recording, or performance. In Canada, copyright protection exists automatically once a work is created and fixed in material form. By registering your copyright with the Canadian Intellectual Property Office (CIPO), you will receive an official registration certificate. It provides undeniable proof that your creative work is yours.
2. Are ideas
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What’s the difference between moral rights and economic rights? What’s Snow got to do with it?
A moral right protects the integrity and intent of creators' artistic or literary work. Artists and authors have moral rights to protect their reputations and name when their work is altered or used without their consent. Essentially, the creator may determine what the owner of their copyrighted work may or may not do with it. A creator's relationship with their work is protected.
Copyright grants creators of original works the sole right to reproduce any substantial part of the work in any form. This includes the right to perform the work publicly or to publish the work or any substantial part of it if the work is unpublished. The economic right is the financial gain that results from the purchase of copyrighted material.
The judgement in Snow v The Eaton Centre Ltd. was eye-opening to me. It never occurred to me that a creator still had any rights over their work once it was sold or commissioned. The artist of the geese (Snow), had a vision or inspiration for his work, and he wanted to maintain that. His "naturalistic composition" (Binnie, 2001) looked out of place with ribbons on it. His vision and creation were protected as this is not what he envisioned for his work. For me, as an artist, this is invaluable
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I chose an article titled “Art Copyright, Explained” (Kaplan, 2016). I hope to open a home art studio one day, so the topic is relevant to me.
In this article, some of the key points of the United States copyright law are broken down and summarized for artists and those working with artwork images. Kaplan stresses how when it comes to artwork, it’s all about your rights. Artwork rights are more complicated than one might think. The Visual Artist Rights Act of 1990 (VARA) is a United States law granting certain rights to artists in addition to the ones detailed by copyright law.
After doing a little research, I found out that Canada is one of the few countries with a Copyright Act incorporating exhibition and reproduction rights. These rights are designed to protect artists and their works in Canada. The exhibition right entitles visual artists to receive payment when their work is exhibited in a public exhibition and is not for sale (CARFAC, 2023). When an artist creates a work of art, the “reproduction of the work can only be authorized by the artist unless permission is given to otherwise do so.” (CARFAC,