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In CCH Canadian Ltd. v. Law Society of Upper Canada, [70] the Supreme Court of Canada made a number of comments regarding fair dealing, and found that the placement of a photocopier in a law library did not constitute an invitation to violate copyright.
Canadian copyright law sets out rules which determine who is to be the first owner of the copyright for a new copyright-able work. The rules cover different groups of people such as the authors of the work, employees who create works in the course of their employment, independent contractors who create works under contracts for services, and ...
Criticism and review involve analyzing and judging merit or quality. The dealing may even be defamatory while remaining a fair dealing. [31] The key is that fairness relates to the extent, rather than the content, of the copying.
Under the Constitution Act, 1867, patent and copyright law are the exclusive jurisdiction of the Federal Government of Canada. [1] While trademarks and industrial design are not specifically mentioned by the Constitution Act, the federal government has enacted legislation governing both.
Section 28.1 and Section 28.2 lay out the definition of moral rights infringement. Infringement includes any act or omission that is contrary to the moral rights of the author in general.
Fixation in Canadian copyright law is a threshold consideration that must be used in copyright infringement cases by courts to determine if copyright actually exists. In Canada , a work "must be expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance" [ 1 ] to be subject ...
Citation: S.C. 2012, c. 20: Territorial extent: Canada: Passed by: House of Commons of Canada: Passed: 18 June 2012: Passed by: Senate of Canada: Passed: 29 June 2012