Copyright Conundrums

We had a great conversation about copyright, among other things, last night at the Golden Ears Writers Lobby Night with an enthusiastic audience and some great questions.

A good resource that I did not put on my handout was the Canadian Copyrights Database. The Canadian Copyrights Database includes all copyrights that have been registered since October 1, 1991. Some copyright registrations prior to 1991 may be included in the database. The website also has a lot of good information about copyright and trademarks.

An audience member asked if I knew of cases where people had been hit with legal action for using images without asking permission. Here are two examples. One is author Roni Loren. She had used images on her blog thinking she could use the images under fair use. She was not thinking of her blog as commercial because she does not directly make money from her site. However, she uses it to promote her work as a writer so in the eyes of the law is not that different from an ad in a newspaper. You can read more about her experience on her blog. Another story making the rounds is the nice cease and desist letter from Jack Daniel’s Properties that author Patrick Wensink received in regards to the cover for his book, Broken Piano For President. His cover art too closely resembled the Jack Daniel’s label and infringed on their trademark.

Another article I ran across was this post on rethinkinglearning regarding Getty Images. Getty Images uses the software PicScout to look for sites that are using any of their images illegally. If they find any of their images they will send a cease and desist letter and demand payment retroactively.

One of the questions asked was what to do when you cannot determine copyright for an image?
I noticed how this problem was handled in 100 Days That Changed Canada published by Canada’s National History Society and HarperCollins Publishers Ltd.

“Every effort has been made to contact rightsholders of copyrighted material. In the case of an inadvertent error or commission, please contact the publisher.”

How this would hold up in a court is another question but clearly they have kept track of their efforts to determine who holds the copyright for the images that they have used in the book.

As authors, artists, and so forth we need to protect ourselves and respect the rights of other artists. As a historian I appreciate it when other historians leave me a breadcrumb trail for their sources.

*This post is not intended as legal advice. This is just my experiences working as an author, editor, and designer; when in doubt talk to a copyright lawyer.

Historical Mysteries lead to More Questions

I love a good “who-done-it”. I am a big fan of Murdoch Mysteries. I enjoy how the show melds early forensic techniques, history, and humour into an entertaining hour.

I am also a history geek so I find the show often leaves me with questions. Did Timothy Eaton really hold inventor fairs? When did the Black Hand come to North America? In the case of “Who Killed the Electric Carriage?” I wanted to know how much was fact and how much was fabrication. Did Henry Ford race his combustion engine against an electric car? 

I am not concerned if they played with the historical facts to make a good story but it would enhance my viewing experience to know what was fact, what was extrapolation, and what was fabrication. As a writer, I want to know what was the inspiration for the plot. It would be interesting, for me, to know if the plot was inspired by true events found in an old newspaper or a family story.

I quite often end up doing some research after an episode. I would love it if the creators of the series added a historical references page to their website; links to historical newspapers and online exhibits, etc.

For more thoughts on historical research join me Tuesday, October 16th, 2012 @ 7pm-9pm at the
Golden Ears Writers Lobby Night at the Maple Ridge Arts and Culture Theatre (The ACT).
There is no charge for admission.

Coming to a mail box near you

British Columbia History Fall 2012 Vol. 43.3

The Fall issue of British Columbia History is at the printer and should be heading to mailboxes and bookstores soon.

Jennie Korsnes in Stanley Park, BC. circa 1929.

Jennie’s Journey to British Columbia
by Ingrid Buschmann and Noreen Buschmann Jacky
Nineteen year old Jennie Korsnes travelled alone from Aalesund, Norway to Barnet, British Columbia in 1927. She wrote enthusiastically about her new life in Canada.

Lt. Col. Eric Parker Tibetan Collection at MOA
by Ann Poole
Family mythology created a desire for Ann Poole to know more about her grandfather, Eric Parker, and how his journey is captured at the UBC Museum of Anthropology.

Toil and Trivia — A Newspaper Editor’s Life
by Vern Giesbrecht
Vern Giesbrecht recalls his time as a journalist and editor of a weekly newspaper; the long hours, too much criticism, not enough praise, and relentless deadlines.


The Fringe: 1201–1299 West Georgia
by Bruce Dyck
Each year, the British Columbia Historical Federation offers two W. Kaye Lamb Scholarships for student essays relating to the history of British Columbia. Bruce Dyck is the winner of the $750 prize for a student in 1st or 2nd year  university or college in British Columbia.

Come on, Jayo; We’re Cheering for You
by Ken MacLeod
John Oliver High School, for many years the largest high school west of the Great Lakes, celebrates its 100th Anniversary on September 21 and 22, 2012.

Archives & Archivists
by Shannon Bettles; edited by Sylvia Stopforth
Shannon Bettles, Heritage Records Manager for the Chilliwack Museum and Archives, talks about the archives renovation project that has given many of us facilities envy.

Book Reviews

Miscellany

Cabinets of Curiosities
by Rosemarie Parent
Rosemarie Parent of the Arrow Lakes Historical Society, tells the tale of the Siamese pig in her grandfather in-law’s unique collection.