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Replies: 17 / Views: 3,368 |
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Moderator
 Canada
10463 Posts |
If he glued a real 1-cent to each album cover instead, it will only cost him $20 per 2000 albums and he would not be in copyright violation by giving away free money. Remember when the banks (RBC and BMO come to mind) gave away little cards with a cent glued on them... they avoided all copyright issues with those.
"Discovery follows discovery, each both raising and answering questions, each ending a long search, and each providing the new instruments for a new search." -- J. Robert OppenheimerContent of this post is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License. See: http://creativecommons.org/licenses...0/deed.en_USMy eBay store
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Pillar of the Community
Canada
1581 Posts |
As the saying goes: Let no good deed go unpunished.
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Pillar of the Community
United States
870 Posts |
I wouldn't call it much ado about nothing. Guess things work differently in Canada. In the US most government works do not qualify for copyright and are public domain. Does not compare to "McDonalds" or "Pepsi" etc.
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Pillar of the Community
Canada
2301 Posts |
The Mint is a joke. Has been for a long time. Spending tens of millions of dollars to advertise "Granny Bait", but not one penny (or cent for the others) to combat counterfeiting of our Heritage. But put a sticker on a loonie or a picture on an album cover.....LOOK OUT!!
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Pillar of the Community
Canada
3690 Posts |
MartiVltori, this is not in the USA and yes a lot of things work differently in other countries. Copyrighted material and trademarks apply outside of commercial organizations in Canada (as they do in the US).
Reverse it. What do you think would happen if the Mint used a performers song in a media ad without paying SOCAN their royalty? You guessed it, aggressive threats of litigation.
This is not the big bad Mint picking on a small guy. This is an entertainer using the media to sell his albums and make money. Besides, does anyone believe that a folk artist in Halifax is going to sell more than 2000 albums? Really?
It makes for a good story and a headline but it really is nothing.
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Pillar of the Community
United States
965 Posts |
Quote: If he glued a real 1-cent to each album cover instead, it will only cost him $20 per 2000 albums and he would not be in copyright violation by giving away free money. Remember when the banks (RBC and BMO come to mind) gave away little cards with a cent glued on them... they avoided all copyright issues with those. Then he could have glued loonies to the cover, it would have cost him the same as publishing the album. 
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Pillar of the Community
United States
870 Posts |
CC-Ottawa, I realize copyrights apply to non-commercial works as well. And of course I realize (as I thought I had made clear) this is outside the US. I was simply pointing out that under section 105 of US copyright law, most government works in the US would not be covered under copyright law. I just found it interesting that govt. works are covered under copyright in Canada, that is all.
Edited by MartiVltori 09/11/2012 9:25 pm
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Pillar of the Community
United States
4897 Posts |
By the logic stated so far places like http://www.cdncoin.com/default.asp which is based in Ontario must pay royalties? They use IP images of Canadian coins all over their website.....it is a slippery slope....
Edited by amida17 09/11/2012 9:54 pm
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Pillar of the Community
Canada
815 Posts |
This guy is a Canadian artist, using an image of a coin produced by the Canadian mint, which is wholly funded by taxpayer dollars.
This is a perfect example of everything wrong with our country. People being asked to work for the government, not the other way around. What will this $1200 be used for? Programs specific to creating new coin IP's, or will it be deposited into a general treasury for use as the government sees fit? Ridiculous.
I love the "Penny drive" idea. The guy should start up a paypal drive, I would donate!
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Valued Member
Canada
319 Posts |
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Rest in Peace
Canada
1360 Posts |
OTTAWA, ONTARIO, September 13, 2012 â€" The Royal Canadian Mint has long supported the arts in Canada by working with talented artists on a daily basis, therefore we understand the challenges that artists such as Dave Gunning face. The Mint's recent interaction with Mr. Gunning has brought attention to our current intellectual property policy. We now recognize that our policy as it is today may not consider the individual needs and circumstances of those who request to use our images. As a result, the Mint has made the following two decisions. First, we will allow Mr. Gunning to use the image of the penny on subsequent reprints of his CD's artwork at no cost. We wish him the very best in his career. Further, we understand that intellectual property rights in Canada help to promote creativity and innovation by protecting the rights of those involved in the creative process, whether they are artists, designers, writers or musicians. For this reason, the Mint will assess our current intellectual property policy to determine if changes need to be made to ensure that it is being applied fairly on a case-by-case basis while protecting the interests of Canadians.
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Rest in Peace
Canada
1360 Posts |
one of the 'comments' following the original news article suggested "instead of a picture of the penny, he should have adhered an actual penny to the album cover" a) it would have been only $0.01 per copy instead of close to $1 per copy, and b) no 'copy right' issues. Well, it looks like the fiasco has been settled in the musician's favour - good for him!
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Pillar of the Community
Canada
1581 Posts |
The mint smartened up and realized this was a net BENEFIT to them as free promotion.
Someone trying to derive direct profit from the IP is one thing (e.g. the knock-off tribute to the 1911 dollar, or the fake Titanic "coins"). But, this is an artistic endeavour where the image use is part of the artistic presentation, and not directly an attempt to derive profit from the IP.
For a change the mint has responded quickly. Imagine that.
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Pillar of the Community
United States
1002 Posts |
I think the Mint was smart to respond quickly and rescind their earlier actions. One of Dave Gunning's musical friends, Dave Carroll, ran up against corporate indignation in United Airlines and he basically made them look foolish in a series of popular Youtube videos - i.e "United Breaks Guitars" (Dave Gunning was actually in the 2nd video.)
Bottom line - don't mess with Eastern Canadian Folk Musicians named Dave!!
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Pillar of the Community
Canada
4227 Posts |
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