Tara Parker quoted in "Protecting Brands in North America", Lexpert Magazine
|Area||Entertainment, Intellectual Property|
Excerpt from "Protecting Brands in North America", Julius Melnitzer, Lexpert Magazine June 2019:
“Although both Canada and the US are parties to the Berne Convention, there are little differences that can trip people up,” Parker says.
While the Convention, an international agreement covering copyright, protects copyright in the original work, the US and Canada differ on who is considered the author or owner of the right.
“Under the US ‘work for hire’ concept, the employer can be both the author and the owner of the work,” Parker says. “In Canada, however, the work becomes one that was created in the course of employment unless there is an agreement to the contrary. The employer, then, is considered the first copyright owner but not necessarily the author — and that’s important because the duration of the right is keyed off the author’s life in both countries.”
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