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CCH Canadian Ltd V Law Society Of Upper Canada
''CCH Canadian Ltd v Law Society of Upper Canada'', 0041 SCR 339,''CCH Canadian Ltd. v. Law Society of Upper Canada'', 0041 SCR 339 'CCH''/ref> is a landmark Supreme Court of Canada case that established the threshold of originality and the bounds of fair dealing in Canadian copyright law. A group of publishers sued the Law Society of Upper Canada for copyright infringement for providing photocopy services to researchers. The Court unanimously held that the Law Society's practice fell within the bounds of fair dealing. Background Since 1954 the Law Society of Upper Canada, a statutory, non-profit organization, offered request-based photocopying services to students, members, the judiciary, and authorized researchers at their Great Library at Osgoode Hall. The Law Society provided single copies of legal articles, statutes, and decisions to those who requested them. It also allowed visitors to the Great Library to use photocopiers to make individual copies of works held by the lib ...
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Federal Court Of Appeal (Canada)
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Administration of the Laws of Canada". In 1971, Parliament created the Federal Court of Canada, which consisted of two divisions: the Trial Division (which replaced the Exchequer Court of Canada) and the Appeal Division. On July 2, 2003, the ''Courts Administration Service Act'' split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the new Federal Court succeeding the Trial Division. Appellate jurisdiction The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada. Original jurisdiction The Federal Court of Appeal has original jurisdiction over applications for judicial review and appeals in respe ...
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Feist V
Feist may refer to: * Feist (dog), a small hunting dog * ''Feist'' (video game), an action video game for PlayStation 4, Linux, OS X, Windows, and Xbox One * ''Feist Publications, Inc., v. Rural Telephone Service Co.'' (also ''Feist''), a decision by the Supreme Court of the United States People * Feist (singer) (born 1976), Canadian indie pop singer-songwriter and guitarist * Felix E. Feist (1910–1965), American film and television director and writer * Gene Feist (1923–2014), American playwright, theater director and co-founder of the Roundabout Theater Company * Gregory J. Feist (born 1961), American psychologist * Leo Feist (1869–1930), publisher of popular American music * Margot Honecker (; 1927–2016), East German politician * Mathias Feist (born 1961), ChessBase and Fritz programmer * Rainer Feist (1945–2007), officer in the German Navy * Raymond E. Feist (born 1945), American fantasy fiction author * Sigmund Feist Sigmund Feist (Mainz, 12 June 1865 - Copenha ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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Alberta (Education) V Canadian Copyright Licensing Agency (Access Copyright)
''Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright)''2012 SCC 37 is a Supreme Court of Canada case that considered whether the photocopying of textbook excerpts by teachers, on their own initiative, to distribute to students as part of course materials is fair dealing pursuant to the provisions of the Copyright Act. The Supreme Court, in a 5/4 split, concluded that the Copyright Board made several errors in its analysis of the "fairness factors". Thus, it allowed the appeal and remitted the matter back to the Copyright Board for reconsideration. Background and facts Access Copyright represents authors and publishers of literary and artistic works. The entity administers the reproduction of such works by issuing licences and collecting and distributing royalties to affiliated copyright owners. When licensing or royalty agreements with users of the printed works cannot be reached, Access Copyright has the option to apply to the Copyright Board (the ...
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Society Of Composers, Authors And Music Publishers Of Canada V
A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Societies are characterized by patterns of relationships (social relations) between individuals who share a distinctive culture and institutions; a given society may be described as the sum total of such relationships among its constituent of members. In the social sciences, a larger society often exhibits stratification or dominance patterns in subgroups. Societies construct patterns of behavior by deeming certain actions or concepts as acceptable or unacceptable. These patterns of behavior within a given society are known as societal norms. Societies, and their norms, undergo gradual and perpetual changes. Insofar as it is collaborative, a society can enable its members to benefit in ways that would otherwise be difficult on an individual bas ...
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List Of Supreme Court Of Canada Cases (McLachlin Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Beverley McLachlin as Chief Justice of Canada to her retirement in 2017. 2000–2004 2005–2009 2010–2017 See also * List of notable Canadian Courts of Appeals cases A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (2000-present) ...
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Théberge V
Théberge or Theberge may refer to: People * Carole Théberge (born 1953), marketing professional and former political figure in Quebec * Greg Theberge (born 1959), retired Canadian ice hockey player, grandson of former NHL player Dit Clapper * James Daniel Theberge (born 1930), United States ambassador to Nicaragua and Chile * Raymond Théberge, Commissioner of Official Languages of Canada Other * ''Théberge v. Galerie d'Art du Petit Champlain Inc.'', a Supreme Court of Canada case on copyright * 16212 Theberge (2000 CB84), a main-belt asteroid discovered on February 4, 2000 {{DEFAULTSORT:Theberge ...
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Fair Use
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied ...
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Fair Dealing
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations. Fair dealing is an enumerated set of possible defences against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories, although common law courts in some jurisdictions are less stringent than others in this regard. In practice, however, such courts might rule that actions with a commercial character, which might be naïvely assumed to fall into one of these categories, were in fact infringements of copyright, as fair dealing is not as flexible a concept as the American concept of fair use. There are similar limitations and exceptions to copyright, such as the right to quote, also in the Berne Convention and in t ...
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Allen Linden
Allen Martin Linden, , (October 7, 1934August 23, 2017) was a Justice of the Federal Court of Appeal and distinguished tort law professor. He was named an Officer of the Order of Canada in 2015. Linden attained a B.A from the University of Toronto, a L.L.B from Osgoode Hall Law School and a J.S.D from University of California at Berkeley. He was called to the Bar in Ontario in 1960. Linden was an associate at Levinter, Grossberg, Dryden & Co., until he left to teach at Osgoode Hall Law School from 1961 to 1978. In 1978, he was appointed to the Superior Court of Ontario. He became the president of the Law Reform Commission of Canada from 1983 to 1990. In 1990, he was appointed to the Federal Court of Appeal. Linden taught in the U.S., Australia and the U.K. and wrote several books and scores of articles about torts. In 1965, he authored a statistical study on Compensation for Auto Accidents which led the Province of Ontario to adopt a no-fault auto insurance plan in 1969. Justice ...
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Hubbard V
Hubbard may refer to: Places Canada *Hubbard, Saskatchewan *Hubbards, Nova Scotia Canada/United States *Mount Hubbard, a mountain on the Alaska/Yukon border *Hubbard Glacier, a large freshwater glacier in Alaska and Yukon Greenland *Hubbard Glacier (Greenland), a glacier in the Inglefield Gulf United States *Hubbard, Iowa *Hubbard, Minnesota * Hubbard, Missouri * Hubbard, Nebraska *Hubbard, Ohio *Hubbard, Oregon *Hubbard, Texas *Hubbard, Dodge County, Wisconsin *Hubbard, Rusk County, Wisconsin *Hubbard County, Minnesota *Hubbard Lake, Michigan (other) *Hubbard Township, Hubbard County, Minnesota *Hubbard Township, Polk County, Minnesota *Hubbard Township, Trumbull County, Ohio *Hubbard Brook Experimental Forest, an outdoor laboratory for ecological studies in central New Hampshire *Hubbard Creek, Texas *Hubbard Street, in Chicago, Illinois *Lake Ray Hubbard, a freshwater lake in Dallas and Rockwall County, Texas People *Hubbard (surname), a surname *Fern Hubbard Orme (1 ...
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