Legal Advocacy

Canadian Copyright Law Q&A - Part 3

This is the last in a series of Q&A posts with Graham Reynolds, a Canadian copyright scholar from Schulich School of Law at Dalhousie University in Halifax, Nova Scotia, Canada. The Q&A focuses on Bill C-11, which went into effect near the end of 2012 and made some significant changes to Canada's Copyright Act, some of which influence the way fanworks are treated under Canadian law. The first post, in which Graham answered questions about the general contours of the law and about the law of "fair dealing", is available here. The second post, in which Graham answered questions about the probable effect of the law on fanfiction, fanart, and fanvids, is available here.

Today, Graham addresses Canadian "moral rights," trade-mark rights, and rights of personality; and what the new law means for fanwork creators outside of Canada. Graham explains that creators of noncommercial fanworks may face challenges under Canada's moral rights law, which encompasses rights to integrity and attribution. Creators of non-commercial fanworks are less likely to face problems from Canadian trade-mark laws, but the answer regarding rights of personality is more complicated. Graham also explains that the law may have some impact on fans who are located outside Canada, because the law applies to some Internet activities.

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Canadian Copyright Law Q&A - Part 2

This is the second in a series of Q&A posts with Graham Reynolds, a Canadian copyright scholar from Schulich School of Law at Dalhousie University in Halifax, Nova Scotia, Canada. The Q&A focuses on Bill C-11, which went into effect near the end of 2012 and made some significant changes to Canada's Copyright Act, some of which influence the way fanworks are treated under Canadian law. The first post, in which Graham answered questions about the general contours of the law and about the law of "fair dealing", is available here.

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Canadian Copyright Law Q&A - Part 1

Near the end of 2012, a law called Bill C-11 made some significant changes to Canada's Copyright Act, some of which influence the way fanworks are treated under Canadian law. With that in mind, we're bringing you a series of Q&A posts written by Graham Reynolds, an Assistant Professor at the Schulich School of Law at Dalhousie University in Halifax, Nova Scotia, Canada. Graham teaches and researches in the areas of copyright law, intellectual property law, property law, and the intersection of intellectual property and human rights, so he's the perfect person to explain how the changes are likely to influence the law of fanworks in Canada.

We posed a series of questions to Graham, and will be posting his answers in this space over the next couple of weeks. These answers aren't legal advice, and if you need specific legal advice Graham (and we) advise you to consult with a lawyer and/or send a query to the OTW Legal Committee.

Today, Graham answers two questions: first about the general contours of the law, and second about the law of "fair dealing" (which is a like the U.S. concept of "fair use," but as explained below, is somewhat different) In the latter, Graham walks through the requirements of what it takes for a fanwork to be considered "fair dealing" under the law.

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April Membership Drive: Defending the legality of fanworks

The OTW is committed to defending the right to create and distribute fanworks, and our Legal Advocacy project is at the forefront of these efforts.

We're particularly proud of our work on Digital Millennium Copyright Act (DMCA) exemptions for makers of noncommercial remix videos such as fan vids, AMVs, and political remix videos. OTW staffers testified before the US Copyright Office in 2009 and 2012 to help win these exemptions, in partnership with the Electronic Frontier Foundation (EFF) and other like-minded organizations, and we were victorious both times. The noncommercial remix exemption takes away the threat that vidders' works — though transformative, fair uses — would still be considered unlawful under US law because of the way in which they may have acquired their source footage.

We're also gaining a valuable network of allies in the larger free-expression, pro-fair-use activist world. As well as working closely with EFF, we've had positive interactions with groups such as the Documentary Filmmakers' Association and USC-Annenberg's Norman Lear Center.

Volunteers from Legal have also worked on contributing to the Wikipedia page on legal issues in fanfiction to provide a more law-based discussion of fans' rights; advising fans who have received DMCA takedown notifications; and filing amicus briefs in three cases with implications for fans and fanworks.

The Legal committee is also happy to assist fans who have questions regarding non-commercial fanworks. You can contact the Legal committee here.

The OTW is a dedicated champion of fans' rights, with an established track record of success — but there are many battles, large and small, still to be fought. Help us fight those battles — please donate today.

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OTW Weighs In on Fox v. DISH

A lot of what the Legal Committee does is behind-the-scenes, so it's always exciting to be able to share a bit of public advocacy. On January 24, the OTW, together with the Electronic Frontier Foundation and Public Knowledge, filed an amicus brief in the U.S. 9th Circuit Court of Appeals in the case of Fox v. DISH Network.

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The Rebellious Pixels Chain of Takedowns

Last week remix artist Jonathan McIntosh had a troubling story to tell which put a spotlight on the current problems facing transformative works creators. In our current environment of automated copyright claims and the layers of entities users may have to go through to assert fair use rights, it takes real dedication sometimes to be heard.

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Fans: Help the EFF Help You!

Did you lose fanworks or other files in the Megaupload seizure? The EFF wants to help!

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Spotlight on Legal

Since OTW's inception over five years ago, our Legal Committee has made significant contributions to the world of transformative works. Most recently, our Legal Committee (with the Electronic Frontier Foundation) secured a DMCA exemption from the U.S. Copyright Office for fanvidders and other non-commercial vid makers. You can read more about this legal victory below or here.

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OTW Secures DMCA Exemption from U.S. Copyright Office

The OTW is proud to announce an important legal victory for fan vidders and other makers of noncommercial remix videos, achieved in conjunction with our friends at the Electronic Frontier Foundation: the Register of Copyrights has recommended that the Librarian of Congress maintain the vidders' exemption from certain provisions of the Digital Millennium Copyright Act (DMCA).

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如果我的作品发表在AO3作品库里,本地关于合理使用的法律和美国的法律哪个适用?

鉴于OTW再创作组织及其服务器都位于美国,我们相信美国法律适用于AO3作品库里的内容,即使作者是别的国家的居民或者公民。不过,各国对于其法律的有效范围有不同的说法。你本国的法律很有可能仍适用于你。OTW再创作组织的政策可能有某些部分比某个特定的行政辖区的法律更宽松或者更严苛。
其他服务于国际受众的组织也在应对着关系到他们用户生活、工作、和娱乐的各种法律条规。例如知识共享组织(Creative Commons),已经通过语言上翻译授权和在法律上进行更改以适用于不同的辖区,发展出一套分步移植授权的过程。
理论上,我们想在OTW再创作组织中发展一套类似的流程。不过目前来说,我们在涉及到美国境外的法律援助时很乐意与我们在电子开拓基金会的朋友进门合作。如果你想致力于非美国相关的法律问题或者教育事业,请联系志愿者委员会.

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