Fair Dealing In Canadian Copyright Law
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Fair Dealing In Canadian Copyright Law
Fair dealing is a statutory exception to Copyright infringement; substantial part in copyright law in Canada, copyright infringement, and is also referred to as a user's right (as opposed to an owner's right). According to the Supreme Court of Canada, it is more than a simple Defences in Canadian copyright law, defence; it is an integral part of the ''Copyright Act of Canada,'' providing balance between the rights of owners and users. To qualify under the fair dealing exception, the dealing must be for a purpose enumerated in sections 29, 29.1 or 29.2 of the ''Copyright Act of Canada'' (research, private study, education, parody, satire, criticism or review and news reporting), and the dealing must be considered fair as per the criteria established by the Supreme Court of Canada. Historical development In English law, copyright was first created by the ''Statute of Anne'' of 1709. Initially, there was no provision for unauthorized copying of copyrighted works. The intent was to give ...
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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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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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World Intellectual Property Organization Copyright Treaty
The World Intellectual Property Organization Copyright Treaty (WIPO Copyright Treaty or WCT) is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2021, the treaty has 110 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties". History During the earlier stages of negotiations, the WCT was seen as a protocol to the Berne Convention, constituting an update of that agreement since the 1971 Stockholm Conference.Mort SA, 'The WTO, WIPO & the Internet: Confounding the Borders of Copyright and Neighboring Rights' (1997–98) 8 Fordham Intell Prop Media & Ent LJ 173. However, as any amendment to the Berne Convention required unanimous consent of all parties, the WCT was c ...
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History Of Attacks Against Advanced Access Content System
The security of Advanced Access Content System (AACS) has been a subject of discussion amongst security researchers, high definition video enthusiasts, and consumers at large since its inception. A successor to Content Scramble System (CSS), the digital rights management mechanism used by commercial DVDs, AACS was intended to improve upon the design of CSS by addressing flaws which had led to the total circumvention of CSS in 1999. The AACS system relies on a subset difference tree combined with a certificate revocation mechanism to ensure the security of high definition video content in the event of a compromise. Even before AACS was put into use, security researchers expressed doubts about the system's ability to withstand attacks. Comparison of CSS and AACS History of attacks The AACS proposal was voted one of the technologies most likely to fail by ''IEEE Spectrum'' magazine's readers in the January 2005 issue. Concerns about the approach included its similarity to pas ...
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Advanced Access Content System
The Advanced Access Content System (AACS) is a standard for content distribution and digital rights management, intended to restrict access to and copying of the post-DVD generation of optical discs. The specification was publicly released in April 2005 and the standard has been adopted as the access restriction scheme for HD DVD and Blu-ray Disc (BD). It is developed by AACS Licensing Administrator, LLC (AACS LA), a consortium that includes Disney, Intel, Microsoft, Panasonic, Warner Bros., IBM, Toshiba and Sony. AACS has been operating under an "interim agreement" since the final specification (including provisions for Managed Copy) has not yet been finalized. Since appearing in devices in 2006, several AACS decryption keys have been extracted from software players and published on the Internet, allowing decryption by unlicensed software. System overview Encryption AACS uses cryptography to control and restrict the use of digital media. It encrypts content under one or mo ...
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Blu-ray
The Blu-ray Disc (BD), often known simply as Blu-ray, is a digital optical disc data storage format. It was invented and developed in 2005 and released on June 20, 2006 worldwide. It is designed to supersede the DVD format, and capable of storing several hours of high-definition video (HDTV 720p and 1080p). The main application of Blu-ray is as a medium for video material such as feature films and for the physical distribution of video games for the PlayStation 3, PlayStation 4, PlayStation 5, Xbox One, and Xbox Series X. The name "Blu-ray" refers to the blue laser (which is actually a violet laser) used to read the disc, which allows information to be stored at a greater density than is possible with the longer-wavelength red laser used for DVDs. The polycarbonate disc is in diameter and thick, the same size as DVDs and CDs. Conventional or pre-BD-XL Blu-ray Discs contain 25  GB per layer, with dual-layer discs (50 GB) being the industry standard for feature-l ...
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Digital Rights Management
Digital rights management (DRM) is the management of legal access to digital content. Various tools or technological protection measures (TPM) such as access control technologies can restrict the use of proprietary hardware and copyrighted works. DRM technologies govern the use, modification, and distribution of copyrighted works (such as software and multimedia content), as well as systems that enforce these policies within devices. Laws in many countries criminalize the circumvention of DRM, communication about such circumvention, and the creation and distribution of tools used for such circumvention. Such laws are part of the United States' Digital Millennium Copyright Act (DMCA), and the European Union's Information Society Directive (the French DADVSI is an example of a member state of the European Union implementing the directive). DRM techniques include licensing agreements and encryption. The industry has expanded the usage of DRM to various hardware products, such as K ...
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Copy Protection
Copy protection, also known as content protection, copy prevention and copy restriction, describes measures to enforce copyright by preventing the reproduction of software, films, music, and other media. Copy protection is most commonly found on videotapes, DVDs, Blu-ray discs, HD-DVDs, computer software discs, video game discs and cartridges, audio CDs and some VCDs. Some methods of copy protection have also led to criticism because it caused inconvenience for paying consumers or secretly installed additional or unwanted software to detect copying activities on the consumer's computer. Making copy protection effective while protecting consumer rights remains a problem with media publication. Terminology Media corporations have always used the term copy protection, but critics argue that the term tends to sway the public into identifying with the publishers, who favor restriction technologies, rather than with the users. Copy prevention and copy control may be more neutral ...
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Section Purpose
Section, Sectioning or Sectioned may refer to: Arts, entertainment and media * Section (music), a complete, but not independent, musical idea * Section (typography), a subdivision, especially of a chapter, in books and documents ** Section sign (§), typographical characters * Section (bookbinding), a group of sheets, folded in the middle, bound into the binding together * The Section (band), a 1970s American instrumental rock band * ''The Outpost'' (1995 film), also known as ''The Section'' * Section, an instrumental group within an orchestra * "Section", a song by 2 Chainz from the 2016 album ''ColleGrove'' * "Sectioning", a ''Peep Show'' episode * David "Section" Mason, a fictional character in '' Call of Duty: Black Ops II'' Organisations * Section (Alpine club) * Section (military unit) * Section (Scouting) Science, technology and mathematics Science * Section (archaeology), a view in part of the archaeological sequence showing it in the vertical plane * Section (bio ...
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Copyright Modernization Act
''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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Federal Court Of Appeal
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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Federal Court (Canada)
The Federal Court (french: Cour fédérale) is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction. History The Court was created on July 2, 2003 by the Courts Administration Service Act' when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada (which had been created June 1, 1971, through the enactment of the ''Federal Court Act'', subsequently renamed the ''Federal Courts Act''. The Court's authority comes from the ''Federal Courts Act''. On October 24, 2008, the Federal Court was given its own armorial bearings by the Governor General, the third court in Canada to be given its own Coat of Arms – after the Court Martial Appeal Court of Canada and Ontario Superior Court of Justice. The coat of arms features a newly created fantastical creature, the winged sea caribou, as the supporters, representing the provision of justice ...
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