Governing Rights of Works Displayed on This Website
Any works displayed on this website that were originally written by Xristopher Bland (the pseudonym of Christopher Bland) as works for hire for a third party (either credited or uncredited in a paid or unpaid freelance, contract or full-time capacity for an individual or business) are for non-commercial portfolio display purposes only, displayed on this website under the legal rights of authorship (a.k.a. moral rights), which comprise a creator’s rights to three things:
1. The Right of Credit or Association guarantees that all creators receive authorship credit in any future presentation of their work (where reasonable in circumstance), and creators have the right to associate themselves with their work (by legal name or pseudonym) and claim authorship. This legal right to claim recognition as the author of a work is also known as “the right of paternity.”
2. The Right of Integrity guarantees that a creator’s work shall fundamentally remain in the same state in which it was created (unless the creator decides to change it). The right further guarantees that a creator can stop a work from being distorted, mutilated, modified or used in association with a product, service, cause or institution while also guaranteeing a creator’s right to change a work at any point.
3. The Right of Anonymity or Context guarantees that a creator can decide how a work is used—even if the creator is not the copyright holder.
Independence of Authorship Rights
Authorship rights precede, survive and exert a permanent influence on the economic rights of copyright ownership, regardless of who owns copyright to a work. Authorship rights stand independent of copyright, and authorship remains with the creator of a work even after the transfer of copyright. Authorship rights cannot be divested, sold, licensed or given away by a third party to whom an author may have sold or given away copyright ownership, unless the author of a work expressly waives authorship rights in writing. Conversely, an author of an original work may assign, transfer or license authorship rights to a third party, or bestow authorship rights to another person in a will.
Duration of Authorship Rights
Authorship rights in Canada extend to all forms of creative work. Authorship rights last for the duration of copyright (the lifetime of the copyright holder, plus 50 years).
Copyright Disclaimer for Third-Party Works
Xristopher Bland does not claim copyright ownership for works created for third parties (either displayed on this website or not) where Xristopher Bland expressly relinquished copyright ownership to such works in writing pursuant to a work-for-hire position or capacity. For such works, Xristopher Bland solely claims the rights of authorship.
Works Displayed Under the Berne Convention
Certain works displayed on this website were created by Xristopher Bland while employed in a work-for-hire capacity (paid or unpaid) but were created outside the scope of an agreed-upon job/contract description between Xristopher Bland and an employer. As party to the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), the Canadian Copyright Act recognizes a creator’s copyright ownership of any work created pursuant to full-time/contract employment but outside the scope of an agreed-upon job description. For such works displayed on this website, Xristopher holds both copyright and authorship rights, and reserves all such rights and their economic entitlements.
Works Displayed Under First North American Serial Rights
Certain works displayed on this website fall under the protection of First North American Serial Rights (FNASR), which includes the U.S. and Canada. Under FNASR, an individual or business that purchases a work for publication (through any channel, print or digital) only acquires the licensing right to be the first in North America to publish that work, and at no time does an individual/business acquire copyright from the creator of a work. After an individual or business publishes a work, all rights revert back to the creator of a work, which include the right to resell the same work to another medium or repackage the work into a book or any other form. In order for an individual/business to have unlimited and exclusive use of a writer’s work, the writer must formally sign away First North American Serial Rights. In the absence of a written and signed agreement between a writer and an individual/business, copyright law only grants client individuals/businesses First North American Serial Rights, which further means that clients cannot reprint a work, revise it or re-issue it in any form. For all works displayed on this website that fall under First North American Serial Rights, Xristopher holds both copyright and authorship rights, and reserves all such rights and their economic entitlements.
Works Displayed Under Fair Dealing
In addition to works displayed on this website under authorship rights, the Berne Convention and/or copyright ownership, the display of certain works on this website falls under the Canadian right of fair dealing (or “fair use,” as the right is known in the U.S.). As an exception to copyright and user right contained within the Canadian Copyright Act, fair dealing allows the use of copyrighted work (including written work, music and audiovisual work) within the framework of research, education and teaching, parody, criticism, reviews and news reporting.
Works Displayed Under Transformative Purpose
Fair dealing allows the use of copyrighted work within the framework of transformative purpose, which does not require permission from a copyright owner, and extends to presentations for educational purposes in addition to all other frameworks of use defined under fair dealing. Transformative purpose allows a person to display copyrighted works provided that:
The display does not negatively affect the market of the company/person who created a work or for whom a work was created by a third party.
The purpose of the display is not to directly profit from the display but to profit indirectly through future opportunities/income that the display may generate for the person using a copyrighted work under transformative purpose.
In full compliance with the rights of fair dealing (including transformative purpose), Xristopher Bland has removed certain identifying marks and information from works displayed on this website in order to protect the identity and market of individuals/companies for whom Xristopher Bland originally created a work. All works displayed on this website are not for direct profit through licensing, reproduction or any other commercial means or purpose. All works displayed on this website are for review and portfolio display purposes only, to showcase the writing range and styles of Xristopher Bland to individuals and businesses for the purposes of creating future writing opportunities for Xristopher Bland and potential income from those future opportunities.
Third-Party YouTube Videos Shown on This Site
Any third-party YouTube videos on this website are displayed in accordance with YouTube’s Terms of Service, which grants royalty-free public usage rights for any embed-enabled video uploaded onto the YouTube service, and further grants public video usage under section C of Your Content and Conduct, where YouTube expressly informs video creators that they grant “each user of the Service” a non-exclusive license to “use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.” Further to this, all third-party YouTube videos displayed on this website are shown non-commercially for educational purposes and do no claim or infringe upon copyright.
If you feel Xristopher Bland is not abiding by the governing rights of works displayed on this website, please contact Xristopher Bland at firstname.lastname@example.org.