Authorship And Ownership In Copyright Law In Canada
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Authorship And Ownership In Copyright Law In Canada
Authorship and ownership in copyright law in Canada is an important and complex topic which lies at the nexus between Canada's Copyright Act, an important body of case law, and a number of compelling policy motives. Analysis of authorship and ownership of copyrightable works in Canada can proceed by examination of the rules determining the initial allocation of copyrights, rules governing subsequent changes in ownership, and finally rules governing complex works such as compilations. Rules determining initial allocation of copyrights 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 academics. It is helpful to think of the rules which set out in initial allocation of copyright as 'default' ...
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Copyright Act Of Canada
The ''Copyright Act'' of Canada is the federal statute governing copyright law in Canada. It is jointly administered by the Department of Industry Canada and the Department of Canadian Heritage. The ''Copyright Act'' was first passed in 1921 and substantially amended in 1988 and 1997. Several attempts were made between 2005 and 2011 to amend the ''Act'', but each of the bills (Bill C-60 in 2005, Bill C-61 in 2008, and Bill C-32 in 2010) failed to pass due to political opposition. In 2011, with a majority in the House of Commons, the Conservative Party introduced Bill C-11, titled the ''Copyright Modernization Act''. Bill C-11 was passed and received Royal Assent on June 29, 2012. History 1921 Canadian Copyright Act The first ''Copyright Act'' was passed in 1921 and came into force in 1924. Although Canada was no longer subject to imperial copyright law, the 1921 Act was closely modelled on the UK ''Copyright Act'' of 1911 to comply with the Berne Convention for the Protection of ...
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Canadian Admiral Corp V Rediffusion Inc
''Canadian Admiral Corporation Ltd. v. Rediffusion Inc.'', 954Ex. CR 382, 20 CPR 75 is a Canadian copyright law decision by the Exchequer Court (a predecessor of the Federal Court of Canada). The Court held that rebroadcasting of public performances by cable companies did not violate any communication rights or public performance rights. There cannot be copyright in telecasting live events because there is insufficient fixation. The result of the case became a major factor in the following growth of the Canadian cable television industry. Background A football game was broadcast live from the stadium by a set of three cameras directed by a producer in a van just outside the venue. The game was not recorded in any format and was broadcast live to viewers. Canadian Admiral has purchased the rights to the live feed from the game. Rediffusion, a cable company, captured the transmission of the broadcast and sold it to private homes and public show rooms. Canadian Admiral sued for ...
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Employment
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts. Employees and employers An employee contributes labour and expertise to an endea ...
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Transaction Cost
In economics and related disciplines, a transaction cost is a cost in making any economic trade when participating in a market. Oliver E. Williamson defines transaction costs as the costs of running an economic system of companies, and unlike production costs, decision-makers determine strategies of companies by measuring transaction costs and production costs. Transaction costs are the total costs of making a transaction, including the cost of planning, deciding, changing plans, resolving disputes, and after-sales. Therefore, the transaction cost is one of the most significant factors in business operation and management. Oliver E. Williamson's ''Transaction Cost Economics'' popularized the concept of transaction costs. Douglass C. North argues that institutions, understood as the set of rules in a society, are key in the determination of transaction costs. In this sense, institutions that facilitate low transaction costs, boost economic growth.North, Douglass C. 1992. “Transa ...
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Ronald Coase
Ronald Harry Coase (; 29 December 1910 – 2 September 2013) was a British economist and author. Coase received a bachelor of commerce degree (1932) and a PhD from the London School of Economics, where he was a member of the faculty until 1951. He was the Clifton R. Musser Professor of Economics at the University of Chicago Law School, where he arrived in 1964 and remained for the rest of his life. He received the Nobel Memorial Prize in Economic Sciences in 1991. Coase believed economists should study real-world wealth creation, in the manner of Adam Smith, stating, "It is suicidal for the field to slide into a hard science of choice, ignoring the influences of society, history, culture, and politics on the working of the economy." He believed economic study should reduce emphasis on Price Theory or theoretical markets and instead focus on real markets. He established the case for the corporation as a means to pay the costs of operating a marketplace. Coase is best known for t ...
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Coase Theorem
In law and economics, the Coase theorem () describes the economic efficiency of an economic allocation or outcome in the presence of externalities. The theorem states that if trade in an externality is possible and there are sufficiently low transaction costs, bargaining will lead to a Pareto efficient outcome regardless of the initial allocation of property. In practice, obstacles to bargaining or poorly defined property rights can prevent Coasean bargaining. This 'theorem' is commonly attributed to Nobel Prize laureate Ronald Coase. This 1960 paper, along with his 1937 paper on the nature of the firm (which also emphasizes the role of transaction costs), earned Ronald Coase the 1991 Nobel Memorial Prize in Economic Sciences. In this 1960 paper, Coase argued that real-world transaction costs are rarely low enough to allow for efficient bargaining and hence the theorem is almost always inapplicable to economic reality. In his later writings, Coase expressed frustration that his th ...
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Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ...
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Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century. Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announce ...
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An Act To Amend The Copyright Act (41st Canadian Parliament, 1st Session)
''An Act to amend the Copyright Act'' (the ''Act''), also known as ''Bill C-11'' or the ''Copyright Modernization Act'', was introduced in the House of Commons of Canada on September 29, 2011 by Industry Minister Christian Paradis. It was virtually identical to the government's previous attempt to amend the '' Copyright Act'', Bill C-32. Despite receiving unanimous opposition from all other parties, the Conservative Party of Canada was able to pass the bill due to their majority government. The bill received Royal Assent on June 29, 2012 becoming the first update to the Copyright Act since 1997. The ''Acts anti-circumvention provisions have been called "the most restrictive in the world" and student groups compared it to the controversial Stop Online Piracy Act that was proposed in the United States. Ottawa lawyer Kathleen Simmons stated "If we take out the digital lock provisions, the bill appears to be very balanced. It introduces some additional protection for different rights ...
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Government Of Canada
The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown-in-Council''; the legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ..., as the ''Crown-in-Parliament''; and the courts, as the ''Crown-on-the-Bench''. Three institutions—the Privy Council ( conventionally, the Cabinet); the Parliament of Canada; and the Judiciary of Canada, judiciary, respectively—exercise the powers of the Crown. The term "Government of Canada" (french: Gouvernement du Canada, links=no) more commonly refers specifically to the executive—Minister of the Crown, ministers of the Crown (the Cabinet) and th ...
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Wedding
A wedding is a ceremony where two people are united in marriage. Wedding traditions and customs vary greatly between cultures, ethnic groups, religions, countries, and social classes. Most wedding ceremonies involve an exchange of marriage vows by a couple, presentation of a gift (offering, rings, symbolic item, flowers, money, dress), and a public proclamation of marriage by an authority figure or Celebrant (Australia), celebrant. Special wedding garments are often worn, and the ceremony is sometimes followed by a wedding reception. Music, poetry, prayers, or readings from religious texts or literature are also commonly incorporated into the ceremony, as well as Wedding superstitions, superstitious customs. Common elements across cultures Some cultures have adopted the traditional Western custom of the white wedding, in which a bride wears a white wedding dress and veil. This tradition was popularized through the marriage of Queen Victoria. Some say Victoria's choice of ...
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Photographs
A photograph (also known as a photo, image, or picture) is an image created by light falling on a photosensitive surface, usually photographic film or an electronic image sensor, such as a CCD or a CMOS chip. Most photographs are now created using a smartphone/camera, which uses a lens to focus the scene's visible wavelengths of light into a reproduction of what the human eye would see. The process and practice of creating such images is called photography. Etymology The word ''photograph'' was coined in 1839 by Sir John Herschel and is based on the Greek φῶς (''phos''), meaning "light," and γραφή (''graphê''), meaning "drawing, writing," together meaning "drawing with light." History The first permanent photograph, a contact-exposed copy of an engraving, was made in 1822 using the bitumen-based "heliography" process developed by Nicéphore Niépce. The first photographs of a real-world scene, made using a camera obscura, followed a few years later at Le Gras, Fr ...
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