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SOCAN V. CAIP
''Society of Composers, Authors and Music Publishers of Canada v. Canadian Ass'n of Internet Providers'' 2 S.C.R. 427, - also known as the Tariff 22 case - is a leading decision by the Supreme Court of Canada on Internet service provider (ISP) liability for copyright infringement. The Court found that there is no liability for information found in web caches. An ISP's liability depends on whether it limits itself to "a conduit" or a content-neutral function and is not dependent on where the ISP is located. Background In 1995 the Society of Composers, Authors, and Music Publishers of Canada (SOCAN) applied for a royalty tariff to the Copyright Board of Canada that would allow them to collect royalties for copyrighted materials transferred over the internet. In rebuttal, the Canadian Association of Internet Providers (CAIP) claimed that they served only as intermediaries and could not be held liable. In 2002, the Federal Court of Appeal held that an ISP could rely on the "intermedi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Real And Substantial Connection
In Canadian law, a real and substantial connection or the real and substantial connection test is a legal principle used to determine whether a subject matter falls within a jurisdiction. The phrase was first adopted in Canada in the Supreme Court of Canada decision of Libman v. The Queen' (1985). It is used in several circumstances in matters of conflict of laws. Enforcement of foreign judgments The test is primarily used to determine whether a Canadian court will recognize a foreign judgment where there was service ex juris. Courts will usually recognize a judgment from a foreign province or nation where the claimant shows that there is a real and substantial connection between the subject matter of the litigation or the damages suffered and the jurisdiction issuing the judgment. The foreign judgment must be final and the foreign court no longer has any power to change or rescind it. Jurisdiction When a claimant wishes to bring an action to a Canadian court, the Court must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Théberge V Galerie D'Art Du Petit Champlain Inc
''Théberge v Galerie d'Art du Petit Champlain Inc'' is one of the Supreme Court of Canada's leading cases on copyright law. This case interprets the meaning of "reproduction" within the Copyright Act of Canada, and touches on the moral rights to copyrighted material and how much control an author has over his work once it is in the hands of a third party. Background The respondent, Claude Théberge, a painter with a well-established international reputation, assigned by way of contract the right to publish reproductions, cards and other stationery products representing certain of his works to a publisher. The appellant art gallery, Galerie d'Art du Petit Champlain, purchased cards, photo-lithographs and posters embodying various of the artist's works from the publisher, and then transferred the images to canvas. Galerie d'Art du Petit Champlain bought the rights to make a limited number of paper copies of Théberge's paintings in order to create posters from them. The process u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Notice And Take Down
Notice and take down is a process operated by online hosts in response to court orders or allegations that content is illegal. Content is removed by the host following notice. Notice and take down is widely operated in relation to copyright infringement, as well as for libel and other illegal content. In United States and European Union law, notice and takedown is mandated as part of limited liability, or safe harbour, provisions for online hosts (see the Digital Millennium Copyright Act 1998 and the Electronic Commerce Directive 2000). As a condition for limited liability online hosts must expeditiously remove or disable access to content they host when they are notified of the alleged illegality. United States The Online Copyright Infringement Liability Limitation Act, passed into law in 1998 as part of the Digital Millennium Copyright Act provides safe harbour protection to "online service providers" for "online storage" in section 512(c). Section 512(c) applies to online se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ian Binnie
William Ian Corneil Binnie (born April 14, 1939) is a former puisne justice of the Supreme Court of Canada, serving from January 8, 1998 to October 27, 2011. Of the justices appointed to the Supreme Court in recent years, he is one of the few appointed directly from private practice. On his retirement from the Court, he was described by ''The Globe and Mail'' as "arguably the country's premier judge", by '' La Presse'' as "probably the most influential judge in Canada of the last decade" and by the ''Toronto Star'' as “one of the strongest hands on the court.” Personal life and career as lawyer Justice Binnie was born in Montreal, Quebec. He graduated from Trinity College School in 1957 and McGill University in 1960, where he was the News Editor of the ''McGill Daily'', a producer and writer of the ''Red and White Revue'', and a member of the Scarlet Key Honor Society. He then went on to study law at Pembroke College, Cambridge University (graduating with an LL.B in 1963 an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Association Of Internet Providers
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 eco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
