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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |