Glossary

Source: Most of the following terms were taken from the glossary of the Canadian Intellectual Property Office as well as the Balanced Copyright Website.

Anti-Counterfeiting Trade Agreement (ACTA)
The objective of the treaty currently in negotiation is the establishment of international norms which will make it possible to fight more effectively against the problem of counterfeiting and pirating.

Artistic work
Any visual representation such as a painting, drawing, map, photograph, sculpture, engraving or architectural plan.

Assignment
Transfer of copyright from the original owner to another party.

Author
The creator of an artistic, literary, musical, or dramatic work.

Berne Convention
The Convention for the Protection of Literary and Artistic Works concluded at Berne on September 9, 1886.

Canadian Intellectual Property Office
Agency of the Industry Canada portfolio responsible for the administration and processing of requests concerning intellectual property in Canada.

Certificate of registration of Copyright 
Certificate delivered by the Copyright Office following an application by any copyright holder in relation to a work or another copyright subject matter. This certificate is evidence that the copyright subsists and that the person registered is the owner of the copyright.

Collective Society
An organization that administers rights granted by the copyright system on behalf of copyright owners who have joined that collective.

Compilation
Products derived from the selection or arrangement of all or parts of artistic, literary, musical or dramatic works, as well as that derived from data.

Copyright Act
Federal legislation governing copyright in Canada.

Copyright Board of Canada
A tribunal that reviews and must approve all tariffs and fees proposed by collectives. The Board can also set royalties when asked to do so by either a collective or a user of a collective's repertoire. The Board also grants licences for use of works when the copyright owner cannot be located.

Copyright infringement 
Violation of copyright through unauthorized copying or use of a work or other subject matter under copyright

Copyrights 
The exclusive rights in literary, artistic, dramatic or musical works (including computer programs) and the neighbouring rights in performances, sound recordings and communication signals.

"Creative Commons"
Creative Commons is a non-profit organization whose purpose is to facilitate user access to works protected by copyright, in accordance with the terms specified within the license issued to the copyright holder.

Crown copyright  
Copyright in works prepared for or published by the government, i.e., government publications.

Distribution right
The exclusive rights of copyright owners to authorize the first transfer of ownership (such as by sale) of each copy of the protected material.

Dramatic work
Includes plays, screenplays, scripts, films, videos and choreographic works, as well as translations of such works.

Fair dealing 
A feature of Canada's copyright law that permits individuals and businesses to make certain uses of copyrighted material in ways that do not threaten the legitimate interests of copyright owners but that could have significant economic, societal and cultural benefits.

Format shifting 
Copying content into other formats and onto other devices (e.g., transferring content from aCD to an MP3 player).

Industrial designs
The visual features of shape, configuration, pattern or ornament (or any combination of these features), applied to a finished article of manufacture.

Information location tools (ILTs) or search engines 
ILTs sort through content available on the Internet and locate specific information.

Infringement
Violation of copyright rights through the unauthorized use of a copyright.

Intellectual property
Very broadly, means legal rights that result from intellectual activity in the industrial, scientific, literary and artistic fields.

Internet intermediaries 
Intermediaries include Internet Service Providers (ISPs), and businesses that provide Information Location Tools (ILTs) or search engines, such as Google.

Internet neutrality or network neutrality 
A principle that prohibits discrimination of Internet traffic based on the source, destination or content of the transmission.

Internet service providers (ISPs) 
An ISP is an organization which offers its clients access to the internet.

Invention
Any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter, which is patentable.

Licence
Agreement granting someone permission to use a work for certain purposes or under certain conditions. A licence does not constitute a change in ownership of the copyright.

Literary work
This includes work such as novels, poems, song lyrics without music, catalogues, reports, tables, computer programs, as well as translations and compilations of such works.

Making available right
An exclusive right of copyright owners to authorize the communication of their work or other related subject matter in a manner in which the time and place of receiving the communication can be individually chosen by members of the public (e.g., iTunes).

Marking 
Indicating copyright with the symbol ©, the name of the copyright owner and the year of first publication.

Moral rights
The rights of the author of a work with regard to the integrity of the work, the right to claim authorship of the work (even when using a pseudonym) as well as the right to remain anonymous.

Musical work
Any work of music or musical composition, with or without words, including any compilation thereof.

North American Free Trade Agreement (NAFTA)
North American Free Trade Agreement involving Canada, the United States and Mexico, which was implemented January 1, 1994.

"Notice and notice" regime
A requirement for ISPs to forward to their subscribers any allegations of infringement they receive from rights holders and to retain identifying information of alleged infringers on their networks.

Patents
Government grant giving the right to exclude others from making, using or selling an invention.

Performers and producers rights 
A term used to indicate the rights of performers and sound recording producers to be remunerated when their performances and sound recordings are performed publicly or broadcast. Also referred to as "neighbouring rights."

Private copying 
The copying of pre-recorded musical works, performers' performances and sound recordings onto a blank medium, such as audio tape or cassette, for personal use.

Posthumous work
A work that is published for the first time (or for certain types of works, published, performed or delivered in public for the first time) after the author's death.

Publication
Making copies of a work available to the public.

Rights holders 
Individuals, businesses or organizations that own the copyright on a work or other subject matter (e.g., authors, performers, producers, video game publishers, photographers, visual artists).

Rome Convention
The International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations adopted on October 26, 1961, in Rome.

Royalty
A sum paid to copyright owners for the sale or use of their works or other subject matter.

Statutory damages 
Damages, within a range established by the Copyright Act, that an owner of copyright may claim against an infringer without having to prove actual damages.

Sound recording
A recording, fixed in any material form, consisting of sounds, whether or not of a performance of a work; this excludes any soundtrack of a cinematographic work where it accompanies the cinematographic work

Tariff
A standard charge for the use of copyrighted works, such asvfees paid for the reproduction of musical works for satellite radio services, or for the retransmission of distant radio and television signals.

Technological protection measures (TPMs)
A technological protection measure (TPM), or a "digital lock," is a technological tool used to restrict access to or copying of a work. TPMs can include measures that

  1. Protect against copying and other acts that infringe copyright;
  2. Protect against accessing copyrighted works.

Technological neutrality 
A principle that the law should not be limited to current, existing technologies. Under this principle, laws should be designed to reflect the reality of rapidly evolving media and technologies associated with copyright works and stand the test of time.

Time shifting 
The recording of programming (e.g., a TV show) to a device or medium to be viewed or listened to at a more convenient time.

Trademarks
Words, symbols or designs (or any combination of these) used to distinguish the wares or services of one person or organization from those of others in the marketplace.

Universal Copyright Convention
An international convention protecting copyright, adopted in Geneva, Switzerland on September 6, 1952, and revised in Paris, France on July 24, 1971.

User groups 
Groups of persons, businesses or organizations with common interests (e.g., consumers, educators, libraries, archives, museums, researchers, software developers) that use copyrighted work or other subject matter in the course of their usual activities.

Word Intellectual Property Office (WIPO)
The WIPO is a United Nations specialized agency that is dedicated to developing a balanced and accessible international intellectual property system.

World Intellectual Property Organization (WIPO) Internet Treaties 
The WIPO Copyright Treaty and theWIPO Performances and Phonograms Treaty are commonly known as theWIPO Internet Treaties. These 1996 treaties update international copyright standards for the Internet era.