Copyright Law 2212: Balancing Creator and Consumer Rights

This report examines the balance between creator and consumer rights within the context of Canadian copyright law, specifically focusing on the duration of copyright protection. The report begins with an introduction outlining the objective of analyzing the balance between these rights. It then delves into the specifics of copyright law, including the general rule of "life-plus-fifty" for music copyrights, and the economic and moral rights of creators. The report further explores consumer rights, including the right to access legal and morally sound content. The analysis considers the impact of copyright laws on both creators and consumers, highlighting aspects that favor each group. Finally, the report offers an opinion on whether a fair balance is achieved in Canada, supported by examples and references to legal sources. The report emphasizes the importance of acknowledging both creator and consumer perspectives to ensure a fair copyright environment.

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Copyright Protection Duration in Canada
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Copyright Protection Duration in Canada
Introduction
According to the Canadian Copyright Act 1921, a general rule is set as to the length of
copyright protection. Fifty years after a musician’s death, his or her music copyright is not
protected anymore. In many cases, this is mainly called “life-plus-fifty”. This law applies to
copyright materials such as music. This rule is depended on by heirs of the musicians though
for a period of fifty years only. In some cases, Musicians give rights to copywriter owners. In
such cases, the musician still receives credit. In the event that both are dead, the musician is
considered and the fifty years are calculated based on his day of demise, (Schawanen
&Jacobs, 2017, 10).
Aspects of Creator Rights
Musicians have moral rights and economic rights. In economic rights, the musicians have
control over what they create. From this, one has the right to produce, translate the work,
publish it, and also perform in public places. During these events, the musician earns
monetary value for his songs and any imitation or copying will lead to conflicts between the
musician and those that purport to be the original creators. It is from this that the music
creator has the opportunity to broadcast the work to the public, rent out the creation and
also authorize other people to use his or her work. Creations do not necessarily have to be
for monetary purposes, others di them for charity so that they can raise funds to help the
needy or protect the environment, (Schwanene, 2017, 13). These factors are akin to
economic rights because the creator deserves all or some of the proceeds that come from

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the work. Consumers, on the other hand, have the right to legally acquire creations from the
creators and their agents either through purchases or donations. However, issues or piracy
and illegal downloads or copying of these creations are mainly perpetrated by consumers,
(Zemer, 201, 22).
Aspects of consumer user rights
In Canada, consumers have the right to have legal and morally upright creations presented
to them by authors. For instance, musical content that abuse others’ rights, have bad
information and lead to coercion should not be accepted by consumers. Canadian
consumers have the right to informative and accurate content that does not mislead them,
(Fine, 2017, 33). It is also a consumer’s right to purchase, support or not to, any of the
creator’s content. As such, consumers can sue a creator if the content is misleading,
promotes illegal acts or is immoral.
Opinion on achievement of the balance between creator and consumer rights
The copyright environment in Canada is balanced in terms of keeping balances and checks
between musicians and consumers. Creators are able to create content that can be rejected
or received by consumers. Creators and consumer rights have been balanced because
musicians are able to get credit and full ownership of their work while consumer rights are
observed through acquisition of legal content. As a result, musicians get remuneration and
reward for their work whereas consumers have access to legal creations in accordance with
the law.

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References
Fine, J. (2017). Negotiating With Ghosts: The Arbitrariness of Copyright Terms. Intellectual
Property Journal, 29(2), 33.
Schwanen, D. (2017). Innovation Policy in Canada: A Holistic Approach. 13
Schwanen, D., & Jacobs, A. (2017). Patents, Copyright, and Competition: Assessing the
Impact of Trade Deals on Canada. 10
Zemer, L. (2017). The idea of authorship in copyright. Routledge, 3, 22