Conducted energy weapons (CEWs), commonly referred to as Tasers, were introduced to Canadian law enforcement agencies starting in 2001. Tasers are hand-held weapons that send a jolt of electricity intended to stun and temporarily incapacitate an individual’s motor nervous system. The charge is delivered through a pair of wires, weighted with barbed hooks, that can be fired from up to 10.6 metres away and will penetrate clothing up to five centimetres thick.1

The symptoms associated with excited delirium, while not a true mental health condition included in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV), appear to be similar to some of the behavioural symptoms exhibited by individuals experiencing a mental health crisis.

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Copyright also provides the owner of copyright the right to authorize others to exercise these exclusive rights, subject to certain statutory limitations.

In January 2007, the South Coast British Columbia Transportation Authority Police Service announced that it would arm police patrolling Vancouver’s TransLink public transit system with Tasers.10 After reviewing ten cases of Taser deployment on the transit system, accessed under freedom of information legislation, the British Columbia Civil Liberties Association identified four cases where there appeared to be no significant threat to individual or public safety. One case involved the use of a Taser when the suspect attempted to flee for fare evasion.11 This practice is concerning and may set a precedent in other provinces.

The Copyright Office also records documents related to Copyright. This is known as Recordation, and means that the Office reviews and accepts documents, and keeps a record of, the documents people provide. Recordation relates to three different kinds of documents: transfers of copyright ownership, other documents relating to a copyright, and notices of termination, which authors or their heirs use when terminating certain transfers or licenses.

There are no comprehensive national or provincial records regarding how many police officers are carrying Tasers. Most police services are not publicly reporting incidents involving Taser use and outcomes.

There are a variety of ways in which the police and the mental health system can work together to manage first-response situations, in which the police are called to deal with an incident involving a person who appears to be mentally ill:

…that there is a distinct lack of research nationally and internationally that thoroughly examines the connection between CEW use, excited delirium and the likelihood of death. Medical research is still in the early stages of reviewing this condition. What little is known of this condition suggest the need for a more conservative course of action with respect to the deployment of CEWs against vulnerable populations (people experiencing mental health crises, those suffering from drug toxicity and those exhibiting symptoms of excited delirium). The research suggests that these populations have a higher likelihood of death, not necessarily as a result of the use of force or restraint employed, but because of the mental or medical condition of the person at the time of police intervention.15

A number of barriers have been identified that pose challenges to police dealing with people who have a mental illness.21 These include not having advance information from dispatch that the person may have a mental illness, or what they might expect upon arrival at the scene. More fundamentally, lack of adequate education about mental illness is a reality that impacts police officers’ ability to carry out their work with this vulnerable population. Police require customized training regarding how to identify situations involving mental illness, as well as how to communicate and intervene so as to minimize the use of force and maximize the likelihood that individuals with a mental illness are able to access the services they require. Evidence suggests that identifying a specific group of police officers to receive training and respond to mental health crisis is most beneficial, as these individuals will then have the mandate to utilize and update their skills on a regular basis.22

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There is only one place to register claims to copyright in the United States: the Copyright Office. For more information on registration benefits and procedures, please see our Copyright Registration Circular.

So, even if you are not the owner of a work, you still may be able to use it. In addition to buying or licensing works (or some other way of seeking permission to use the work), you can also use one of the Copyright Act’s exceptions and limitations, or rely on works in the public domain.

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“Congress shall have Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

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Each police service in Ontario is currently governed by different protocols and policies concerning the number of times a Taser may be deployed. However, the Canadian Police Research Centre noted in their 2005 study that “…police officers need to be aware of the adverse effects of multiple, consecutive cycles of CEDs [Tasers] on a subject…”12

Copyright registration also provides value to the public overall. It facilitates the licensing marketplace by allowing people to find copyright ownership information, and it provides the public with notice that someone is claiming copyright protection. It also provides a record of this nation’s creativity.

Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and so much more!

The Canadian Association of Chiefs of Police has prepared guidelines for police programs and services for people with mental illness and the mental health system, that include, but are not limited to, developing effective and compassionate crisis response.24

Research on the safety of Tasers has primarily been conducted on animals, rather than humans. When research has been conducted on humans, they have been deemed medically healthy. While Tasers may be used without injury on some individuals, there are vulnerable populations on whom Tasers should be used with caution. A 2004 review of Taser technology by British Columbia’s police complaint commissioner indicated that risk factors for death by Taser include drug-induced toxic states (cocaine, alcohol, etc.) and “acute psychiatric decompensation.”14

Patent and trademark are other types of intellectual property that may cover works and are considered separately from copyright eligibility. For example, patents, which are granted by the government, protect certain inventions or discoveries, designs for articles of manufacture, and plant varietals. Trademark law, on the other hand, protects words, names, symbols, or devices used in trade with goods or services to indicate the source of the goods and to distinguish them from the goods or services of others. For more information on these other types of intellectual property, take a look at the United States Patent and Trademark Office's patent and trademark information.

Amnesty International indicates that international standards and codes of conduct for law enforcement officials prescribe that the deployment of non-lethal weapons require standard evaluation and control of use protocols.13

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Copyright has been a part of U.S. law since the nation’s founding. Congress passed the first federal copyright law in 1790, and has updated it throughout the years to keep up with the times. Our copyright timeline explains more of copyright’s history.

The Copyright Act’s exceptions and limitations found in sections 107-122 include fair use, the “first sale doctrine,” some reproductions by libraries and archives, certain performances and displays, broadcast programming transmissions by cable and satellite, to name a few. Interested in more information on fair use? Take a look at our Fair Use Index. The complete list of exemptions to copyright protection can be found in chapter 1 of Title 17 of the United States Code.

Some people with a mental illness who are in crisis will come in contact with police officers. Section 17 of Ontario’s Mental Health Act, R.S.O. 1990, gives police officers the authority to bring someone to a medical facility for assessment if the officer has “reasonable and probable grounds” to believe a person has acted in a “disorderly manner” if the person is believed to have a mental disorder, has threatened or attempted to harm themselves, has behaved violently or caused someone to fear bodily harm, or has shown an inability to care for themselves.20

The Taser is one of several use-of-force weapons that police officers may use to subdue or restrain an individual, to reduce the risk of injury or death to both the individual and the responding officer. The Taser is often represented as an alternative to the use of lethal force by police.

It is important to know that we are all also copyright users. When we read books, watch movies, listen to music, or use videogames or software, we are using copyright-protected works.

Some police services in Ontario have received training and participate in mental health crisis intervention teams. These teams consist of police officers and mental health workers acting together to respond to individuals experiencing a mental health crisis. This partnering offers the expertise of both professions.

A May 2008 review published by the Canadian Medical Association Journal contradicts previous assertions that “stun guns” manufactured by Taser International and others are unlikely to impact with deadly force. The authors reference three independent investigations that have found that stun guns may, in some circumstances, stimulate the heart and potentially result in adverse consequences.16 They recommend that additional research with human subjects is required.

Copyright ownership can also come from contracts like assignments or from other types of transfers like wills and bequests.

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It is estimated that there have been 270 deaths worldwide, including 17 Canadian deaths, proximal to Taser use since 1999.5 It is not possible to accurately count deaths, as there is no independent central registry in existence to monitor incidents and adverse events, and there remains controversy, as there is no conclusive proof that Tasers directly cause death. Many police services, coroners and researchers are suggesting Taser-associated deaths may be related to a condition referred to as “excited delirium,” but no conclusive evidence has yet been established. The Canadian Police Research Centre describes excited delirium as a potentially fatal state of extreme mental and physiological excitement that is characterized by extreme agitation, hyperthermia, hostility, exceptional strength, and endurance without apparent fatigue.6 This condition was first described as early as 1982, when investigators were examining unexplained deaths due to physical restraint by police.7 It has been hypothesized that excited delirium generates an extreme state of physiological arousal that places individuals at greater risk of death.

Statutory licenses are some of the limitations in the Copyright Act. They relate to certain uses of musical compositions, sound recordings, and cable and satellite programming. For comprehensive information on musical compositions and sound recordings, we have a number of useful resources like our Circulars and our dedicated Music Modernization Act page. For information on cable and satellite uses, visit our Licensing Division page.

Copyright exists automatically in an original work of authorship once it is fixed, but a copyright owner can take steps to enhance the protections. The most important step is registering the work. Registering a work is not mandatory, but for U.S. works, registration (or refusal) is necessary to enforce the exclusive rights of copyright through litigation. Timely registration also allows copyright owners to seek certain types of monetary damages and attorney fees if there is a lawsuit, and also provide a presumption that information on the registration certificate is correct.

The length of copyright protection depends on when a work was created. Under the current law, works created on or after January 1, 1978, have a copyright term of life of the author plus seventy years after the author’s death. If the work is a joint work, the term lasts for seventy years after the last surviving author’s death. For works made for hire and anonymous or pseudonymous works, copyright protection is 95 years from publication or 120 years from creation, whichever is shorter. Works created before 1978 have a different timeframe. Learn more about copyright duration in our Duration of Copyrights Circular.

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Companies, organizations, and other people besides the work’s creator can also be copyright owners. Copyright law allows ownership through “works made for hire,” which establishes that works created by an employee within the scope of employment are owned by the employer. The work made for hire doctrine also applies to certain independent contractor relationships, for certain types of commissioned works.

Works are original when they are independently created by a human author and have a minimal degree of creativity. Independent creation simply means that you create it yourself, without copying. The Supreme Court has said that, to be creative, a work must have a “spark” and “modicum” of creativity. There are some things, however, that are not creative, like: titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; and mere listings of ingredients or contents. And always keep in mind that copyright protects expression, and never ideas, procedures, methods, systems, processes, concepts, principles, or discoveries.

A work is fixed when it is captured (either by or under the authority of an author) in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time. For example, a work is fixed when you write it down or record it.

All police officers in Ontario must have basic training in use of force. The Ontario Use of Force Model (2004) directs that officers shall continuously assess each encounter and select the most reasonable option for action, relative to the circumstance.8 The use of force continuum provides guidelines to incremental increases in use of force. The five stages of the continuum are: officer presence, verbal communication, physical control, intermediate weapons (using non-lethal chemical, electronic or impact weapons on an individual) and lethal force (using any force likely to cause permanent injury or death).

Complaints have been issued against the RCMP and other police services claiming deployment of Tasers to subdue or gain compliance. The Commissioner for Public Complaints Against the RCMP has identified that Tasers are being used to subdue resistant subjects who do not pose a threat, and has referred to this expanded and less restrictive use as “usage creep.”9

Everyone is a copyright owner. Once you create an original work and fix it, like taking a photograph, writing a poem or blog, or recording a new song, you are the author and the owner.

According to a recent backgrounder by the CBC, Tasers are being used by 73 law enforcement agencies across Canada. Most mid-size police forces use these stun guns between 50 to 60 times a year on average, reports the CBC, based on figures compiled by the Canadian Police Research Centre.1The RCMP has 2,840 Tasers and has trained 9,132 officers to use them. They have been deployed more than 3,000 times since December 2001, in either drive stun mode (when electrodes on the Taser transmit electrical energy on contact with a subject’s body) or in full deployment (when darts are fired at a subject).2 Following a pilot study by the Toronto Police Service, Ontario’s Ministry of Community Safety and Correctional Services approved the Taser for use by Ontario police services in January 2005. In 2007, Tasers were used 264 times in Toronto, in either drive stun mode or full deployment,3 up from 97 times in 2006.4 The Taser was used an additional 140 times in 2007 as a “demonstrated force presence,” a deterrent measure where a spark is generated or the laser sighting system activated without any contact to the subject.

Ontario’s Use of Force Model does not make allowance or offer guidance to police officers when encountering individuals who may be experiencing a mental health crisis and by virtue of their condition may not appear cooperative, due to hallucinations, delusions or other symptoms. However, other options are available, and mental health crisis intervention is the preferred approach for police to de-escalate such encounters.

The Copyright Office website, copyright.gov, is the definitive source of copyright information. If you need additional assistance, the Public Information Office is available to help. You can contact us online, call at (202) 707-3000 or 1-877-476-0778 (toll free), or visit the Office in Washington, DC, in the Library of Congress Madison Building. Staff is available Monday through Friday, 8:30 a.m. to 5:00 p.m., except federal holidays. Want to learn more about the Copyright Office and what we do? Visit our overview page, where you can discover how we have been helping the public since 1870.

In reviewing the available literature, the Commission for Public Complaints Against the RCMP examining RCMP use of Tasers determined:

Canadian Mental Health Association, Ontario is concerned about the use and safety of Tasers, as well as the propensity of law enforcement officials to deploy Tasers on people experiencing a mental health crisis or demonstrating signs of emotional distress.

Conducted Energy Weapons (commonly known as Tasers) are one of several use-of-force weapons that police may use to subdue or restrain an individual. CMHA Ontario is concerned about the use and safety of Tasers, as well as the propensity of law enforcement officials to deploy them on people experiencing a mental health crisis. This paper identifies our position on use of Tasers and recommends first response alternatives police can use to engage with people experiencing a mental health crisis. (June, 2008)

This finding is especially significant given increased cardiovascular vulnerability among people with serious mental illness. People with a mental illness appear to be at greater risk of developing irregular heartbeats (arrhythmia)17 and coronary heart disease.18 In addition, people taking antipsychotic medication have been found to have a 2.4 times greater risk of sudden cardiac arrest and death.19

You can also use works that are in the public domain. Works in the public domain are those that are never protected by copyright (like facts or discoveries) or works whose term of protection has ended either because it expired or the owner did not satisfy a previously required formality. Currently, all pre-1926 U.S. works are in the public domain because copyright protection has expired for those works.

For more general information on copyright law, please see our Learning Engine video series. You can learn about registering your copyright claims, including about some of our applications for a few common types of works on our Engage Your Creativity Page. If you want more detailed information on copyright law, we invite you to read our Circulars or FAQs. For a more advanced guide, please use our Compendium of U.S. Copyright Office Practices, Third Edition. The Compendium is the Office’s administrative manual relating to the Copyright Act and our regulations and practices. It provides instruction to agency staff regarding their statutory duties and provides expert guidance to copyright applicants, practitioners, scholars, the courts, and members of the general public regarding institutional practices and related principles of law.