Copyright Infringement; Substantial Part In Copyright Law In Canada
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Copyright Infringement; Substantial Part In Copyright Law In Canada
It is an infringement in Canadian copyright law for any person to do, without the consent of the owner of the copyright, anything that only the copyright owner has a right to do as covered in the ''Copyright Act.'' Introduction The copyright owner's rights are listed in Section 3(1) of the ''Copyright Act''. In order to assess whether this section of the ''Act'' has been infringed, the following three questions must be addressed: # What is copying? # What constitutes a substantial part? # How can copying be proven? What is copying? ''Théberge v. Galerie d’Art du Petit Champlain Inc.'' 0022 S.C.R. No. 336 A copyright holder’s economic rights will be infringed where an unauthorized copy is made of a work or a substantial part thereof. The majority in Theberge, aiming to strike a balance between the rights of copyright holders and parties with legally acquired proprietary interests, found multiplication to be of necessary condition of infringement and held that no actionab ...
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Canadian Copyright Law
The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867. History Colonial copyright law It is unclear to what extent British copyright law, or imperial law, starting with the 1709 Statute of Anne, applied to its colonies (including Canada), but the House of Lords had ruled in 1774, in ''Donaldson v Beckett'', that copyright was a creation of statute and could be limited in its duration. The first Canadian colonial copyright statute was the Copyright Act, 1832, passed by the Parliament o ...
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Content Neutrality
Network neutrality, often referred to as net neutrality, is the principle that Internet service providers (ISPs) must treat all Internet communications equally, offering users and online content providers consistent rates irrespective of content, website, platform, application, type of equipment, source address, a destination address, or method of communication. Supporters of net neutrality argue that it prevents cable companies from filtering Internet content without a court order, fosters freedom of speech and democratic participation, promotes competition and innovation, prevents dubious services, maintains the end-to-end principle, and that users would be intolerant of slow-loading websites. Opponents of net neutrality argue that it reduces investment, deters competition, increases taxes, imposes unnecessary regulations, prevents the Internet from being accessible to poor people, prevents Internet traffic from being allocated to the most needed users, that large Interne ...
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History (U
History (derived ) is the systematic study and the documentation of the human activity. The time period of event before the invention of writing systems is considered prehistory. "History" is an umbrella term comprising past events as well as the memory, discovery, collection, organization, presentation, and interpretation of these events. Historians seek knowledge of the past using historical sources such as written documents, oral accounts, art and material artifacts, and ecological markers. History is not complete and still has debatable mysteries. History is also an academic discipline which uses narrative to describe, examine, question, and analyze past events, and investigate their patterns of cause and effect. Historians often debate which narrative best explains an event, as well as the significance of different causes and effects. Historians also debate the nature of history as an end in itself, as well as its usefulness to give perspective on the problems of the p ...
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Museum
A museum ( ; plural museums or, rarely, musea) is a building or institution that cares for and displays a collection of artifacts and other objects of artistic, cultural, historical, or scientific importance. Many public museums make these items available for public viewing through exhibits that may be permanent or temporary. The largest museums are located in major cities throughout the world, while thousands of local museums exist in smaller cities, towns, and rural areas. Museums have varying aims, ranging from the conservation and documentation of their collection, serving researchers and specialists, to catering to the general public. The goal of serving researchers is not only scientific, but intended to serve the general public. There are many types of museums, including art museums, natural history museums, science museums, war museums, and children's museums. According to the International Council of Museums (ICOM), there are more than 55,000 museums in 202 countrie ...
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Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ...
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News Agency
A news agency is an organization that gathers news reports and sells them to subscribing news organizations, such as newspapers, magazines and All-news radio, radio and News broadcasting, television Broadcasting, broadcasters. A news agency may also be referred to as a wire service, newswire, or news service. Although there are many news agencies around the world, three global news agencies, Agence France-Presse (AFP), the Associated Press (AP), and Reuters have offices in most countries of the world, cover all areas of information, and provide the majority of international news printed by the world's newspapers. All three began with and continue to operate on a basic philosophy of providing a single objective news feed to all subscribers. Jonathan Fenby explains the philosophy: To achieve such wide acceptability, the agencies avoid overt partiality. Demonstrably correct information is their stock in trade. Traditionally, they report at a reduced level of responsibility, attrib ...
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Newsreel
A newsreel is a form of short documentary film, containing news stories and items of topical interest, that was prevalent between the 1910s and the mid 1970s. Typically presented in a cinema, newsreels were a source of current affairs, information, and entertainment for millions of moviegoers. Newsreels were typically exhibited preceding a feature film, but there were also dedicated newsreel theaters in many major cities in the 1930s and ’40s, and some large city cinemas also included a smaller theaterette where newsreels were screened continuously throughout the day. By the end of the 1960s television news broadcasts had supplanted the format. Newsreels are considered significant historical documents, since they are often the only audiovisual record of certain cultural events. History Silent news films were shown in cinemas from the late 19th century. In 1909 Pathé started producing weekly newsreels in Europe. Pathé began producing newsreels for the UK in 1910 and ...
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Federal Court Of Canada
The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. Originally composed of two divisions, the Appellate Division and the Trial Division, in 2003 the Court was split into two separate Courts, the Federal Court and the Federal Court of Appeal. The jurisdiction and powers of the two courts remained largely unchanged from the predecessor divisions. The court used facilities as the Supreme Court of Canada Building as well as Thomas D'Arcy McGee Building and registry office at 90 Elgin Street. History Pre-Confederation to Confederation Prior to Confederation, the predominantly English-speaking Canada West (which succeeded Upper Canada) and the predominantly French-speaking Canada East (which succeeded Lower Canada) each had a separate system of courts. During pre-Confederation negotiations, ...
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Canadian Admiral Corp
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and e ...
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Copyright Board Of Canada
The Copyright Board of Canada (french: Commission du droit d'auteur du Canada) is an economic regulatory body empowered to establish, either mandatorily or at the request of an interested party, the royalties to be paid for the use of copyrighted works, when the administration of such copyright is entrusted to a collective-administration society. The Board also has the right to supervise agreements between users and licensing bodies and issues licences when the copyright owner cannot be located. The Honourable Robert A. Blair is the current Chairman of the Board of Directors. See also * Copyright Act of Canada * Copyright law of Canada * Robert A. Blair References External links Copyright Board of Canada website Federal departments and agencies of Canada Innovation, Science and Economic Development Canada Canadian copyright law Copyright collection societies Canada Canada is a country in North America. Its ten provinces and three territories extend from ...
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Telecommunication
Telecommunication is the transmission of information by various types of technologies over wire, radio, optical, or other electromagnetic systems. It has its origin in the desire of humans for communication over a distance greater than that feasible with the human voice, but with a similar scale of expediency; thus, slow systems (such as postal mail) are excluded from the field. The transmission media in telecommunication have evolved through numerous stages of technology, from beacons and other visual signals (such as smoke signals, semaphore telegraphs, signal flags, and optical heliographs), to electrical cable and electromagnetic radiation, including light. Such transmission paths are often divided into communication channels, which afford the advantages of multiplexing multiple concurrent communication sessions. ''Telecommunication'' is often used in its plural form. Other examples of pre-modern long-distance communication included audio messages, such as coded drumb ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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