Hubbard V Vosper
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Hubbard V Vosper
''Hubbard v Vosper'', 9722 Q.B. 84, is a leading English copyright law case on the defence of fair dealing. The Church of Scientology sued a former member, Cyril Vosper, for copyright infringement due to the publication of a book, '' The Mind Benders'', criticizing Scientology. The Church of Scientology alleged that the books contained material copied from books and documents written by L. Ron Hubbard, as well as containing confidential information pertaining to Scientology courses. Vosper successfully defended the claim under the fair dealing doctrine, with the Court of Appeal deciding unanimously in his favour. The judgment given by Lord Denning clarified the scope and content of the fair dealing defence. Background On 9 September 1971 ''The Mind Benders'', a book critical of Scientology written by Cyril Vosper, a former scientologist of 14 years, was published by Neville Spearman. The Church of Scientology obtained an interim injunction on the same day to restrain publication of ...
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Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ...
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Legal Test
In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence. In the context of a trial, a Hearing (law), hearing, Discovery (law), discovery, or other kinds of legal proceedings, the resolution of certain Question of fact, questions of fact or question of law, law may hinge on the application of one or more legal tests. Tests are often formulated from the logical analysis of a judicial decision or a court order where it appears that a finder of fact or the court made a particular decision after contemplating a well-defined set of circumstances. It is assumed that evaluating any given set of circumstances under a legal test will lead to an unambiguous and repeatable result. Kinds of legal tests * Bright-line rule * Balancing test International law *Berne three-step test *Habitual residence, Habitual residence test *Caroline test, ''Caroline'' test Common law *Proximate cause, "But-for" test Canada *Andrews v Law Society of British Colum ...
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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 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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Beverley McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. In July 2018, McLachlin began a three-year term as a non-permanent judge on the Hong Kong Court of Final Appeal, the first Canadian jurist nominated to the post. She was re-appointed for a second three-year term in 2021. Early life and education McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were "fundamentalist Christians" of the Pentecostal Church. She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the ''Alberta Law Review'') from the University of Alberta. She was called to the bar of Alberta in 1969, and to th ...
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CCH Canadian Ltd
CCH may refer to: Companies *CCH (company), a tax software company **CCH Canadian, CCH's Canadian subsidiary *Coca-Cola HBC AG, Coca-Cola Hellenic Education *Cadet College Hasan Abdal, a boarding school in Pakistan *Centre for Computing in the Humanities, an academic department and research centre at King's College London *Columbia College Hollywood, a film school in California *Covington Catholic High School, a private high school in Park Hills, Kentucky Medicine *Central Clinical Hospital, a Russian hospital *Central Council of Homoeopathy, an Indian professional council of homeopathy *Certified Clinical Hypnotherapist, a practitioner of hypnotherapy *John H. Stroger Jr. Hospital of Cook County, formerly known as Cook County Hospital People *C. C. H. Pounder (born 1950), American actress Physics *Cosmic censorship hypothesis, a conjecture about the structure of gravitational singularities ("black holes") Other uses *''CCH Canadian Ltd v Law Society of Upper Canada,'' a leadi ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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The Library Journal
''Library Journal'' is an American trade publication for librarians. It was founded in 1876 by Melvil Dewey. It reports news about the library world, emphasizing public libraries, and offers feature articles about aspects of professional practice. It also reviews library-related materials and equipment. Each year since 2008, the Journal has assessed public libraries and awarded stars in their Star Libraries program. Its "Library Journal Book Review" does pre-publication reviews of several hundred popular and academic books each month. ''Library Journal'' has the highest circulation of any librarianship journal, according to Ulrich's—approximately 100,000. ''Library Journal's'' original publisher was Frederick Leypoldt, whose company became R. R. Bowker. Reed International (later merged into Reed Elsevier) purchased Bowker in 1985; they published ''Library Journal'' until 2010, when it was sold to Media Source Inc., owner of the Junior Library Guild and ''The Horn Book Magaz ...
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Winnipeg Free Press
The ''Winnipeg Free Press'' (or WFP; founded as the ''Manitoba Free Press'') is a daily (excluding Sunday) broadsheet newspaper in Winnipeg, Manitoba, Canada. It provides coverage of local, provincial, national, and international news, as well as current events in sports, business, and entertainment and various consumer-oriented features, such as homes and automobiles appear on a weekly basis. The WFP was founded in 1872, only two years after Manitoba had joined Confederation (1870), and predated Winnipeg's own incorporation (1873). The ''Winnipeg Free Press'' has since become the oldest newspaper in Western Canada that is still active. Though there is competition, primarily with the print daily tabloid ''Winnipeg Sun'', the WFP has the largest readership of any newspaper in the province and is regarded as the newspaper of record for Winnipeg and the rest of Manitoba. Timeline November 30, 1872: The ''Manitoba Free Press'' was launched by William Fisher Luxton and John A. Kenny ...
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Libel
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ...
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Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ...
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