Yesterday the Canadian government announced proposed changes to its Copyright Act. While it contains many changes for music, video, performers, schools and libraries, it also has a some important changes that will affect photographers.
(Usual disclaimer: I’m not a lawyer so don’t believe anything after this).
Definition of Author
1) Bill C-32, the Copyright Modernization Act, proposes to repeal Section 10 of the existing Copyright Act. This will mean that the person who takes the picture will be the Author of that photo. This sounds obvious, right? But under current law, the party that owns the film or memory card used to take the picture is the Author.
“Author” is an important legal term because: (a) only the Author gets Moral Rights and (b) the default position is that the Author owns copyright, unless proven otherwise (more on this in section 2, below).