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Snow V. The Eaton Centre Ltd.
''Snow v. Eaton Centre Ltd.''''Snow v. Eaton Centre Ltd.'' (1982), 70 CPR (2d) 105. is a leading Canadian decision on moral rights. The Ontario High Court of Justice affirmed the artist's right to integrity of their work. The operator of the Toronto Eaton Centre was found liable for violating Michael Snow's moral rights by putting Christmas bows on his work '' Flight Stop''. Background Michael Snow was commissioned to do a sculpture called '' Flight Stop'' consisting of a number of Canada geese in flight in the atrium of the Toronto Eaton Centre. During the Christmas season of 1981, the Eaton Centre placed red ribbons around the necks of the geese. Snow brought an action against the Centre to get an injunction to have the ribbons removed. He had argued that the ribbons offended the integrity of, and distorted, his work. Judgment The judge agreed with Snow. He held that the sculpture's integrity was "distorted, mutilated or otherwise modified" which was "to the prejudice of th ...
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Ontario Superior Court Of Justice
The Superior Court of Justice (French: ''Cour supérieure de justice'') is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges. In 1999, the Superior Court of Justice was renamed from the Ontario Court (General Division). The Superior Court is one of two divisions of the Court of Ontario. The other division is the lower court, the Ontario Court of Justice. The Superior Court has three specialized branches: Divisional Court, Small Claims Court, and Family Court. The Superior Court has inherent jurisdiction over civil, criminal, and family law matters at common law. Although the Court has inherent jurisdiction, the authority of the Court has been entrenched in the Canadian Constitution. * Frank Marrocco (2005 to 2020; Associate Chief Justice 2013 to 2020) See also * Courts of Ontario References External linksSuperior Court of Justice
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Flight Stop
''Flight Stop'', also titled ''Flightstop'', is a 1979 Site-specific art, site-specific art work by Canadian artist Michael Snow. Located in the Toronto Eaton Centre in the Downtown Toronto, downtown core of Toronto, Ontario, Canada, the work hangs from the ceiling and appears to depict sixty Canada goose, Canada geese in flight. Each individual goose is made of Styrofoam covered in fibreglass and covered in a sheath made from photographs taken from a single goose. The flock is frozen in mid-flight, "flight stop" being a pun on the nature of still photography. When conceived in 1977, the work was titled ''Flight Stop'' but has frequently also been titled ''Flightstop''. The work remains an iconic public art piece in Toronto and in many ways stands as a visual identity for the mall. Background Michael Snow has exhibited his work internationally since 1957. He uses a wide range of media and he is noted for his innovative use of a variety of technologies. Snow is an experimental f ...
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Moral Rights In Canadian Copyright Law
Moral rights in Canadian copyright law are protected under the Copyright Act of Canada and include an author's right to attribution, integrity and association of a work. Moral rights are to be distinguished from economic rights; moral rights essentially being derived from the reflection of the author's personality in his or her work, whereas economic rights grant an author the ability to benefit economically from their work. An author of a work retains moral rights for the length of the copyright, even if the copyright has been assigned or licensed to another party. Moral rights cannot be assigned or licensed, but can be waived by contract. History Moral rights in Canada can be traced back to a 1915 amendment of the ''Criminal Code''. The amendment created a criminal offence to change a copyrighted dramatic, operatic or musical work that was to be publicly performed for profit or to suppress its title or authorship without the author's consent. Canada also legislated moral rights int ...
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Toronto Eaton Centre
The Toronto Eaton Centre (corporately styled as the CF Toronto Eaton Centre since September 2015, and commonly referred to simply as the Eaton Centre) is a shopping mall and office complex in the downtown core of Toronto, Ontario, Canada. It is owned and managed by Cadillac Fairview (CF). It was named after the Eaton's department store chain that once anchored it before the chain became defunct in the late 1990s. The Toronto Eaton Centre attracts more visitors than any of Toronto's tourist attractions because it sits on top of two subway stations in downtown Toronto and is close to Union station. It is North America's busiest shopping mall when one counts the daily commuters along with tourist traffic. The mall has over 230 stores and restaurants in 2014. Location and access The main portion of the Toronto Eaton Centre complex is bounded by Yonge Street on the east, Queen Street West on the south, Dundas Street West on the north, and to the west by James Street and Trinity Sq ...
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Michael Snow
Michael Snow (born December 10, 1928) is a Canadian artist working in a range of media including film, installation, sculpture, photography, and music. His best-known films are ''Wavelength'' (1967) and '' La Région Centrale'' (1971), with the former regarded as a milestone in avant-garde cinema. Life Michael Snow was born in Toronto and studied at Upper Canada College and the Ontario College of Art. He had his first solo exhibition in 1957. In the early 1960s Snow moved to New York with his wife, artist Joyce Wieland, where they remained for nearly a decade. For Snow this move resulted in a proliferation of creative ideas and connections and his work increasingly gained recognition. He returned to Canada in the early 1970s "an established figure, multiply defined as a visual artist, a filmmaker, and a musician." His work has appeared at exhibitions across Europe, North America and South America. Snows' works were included in the shows marking the reopening of both the Centre ...
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Christmas
Christmas is an annual festival commemorating Nativity of Jesus, the birth of Jesus, Jesus Christ, observed primarily on December 25 as a religious and cultural celebration among billions of people Observance of Christmas by country, around the world. A Calendar of saints, feast central to the Christian liturgical year, it is preceded by the season of Advent or the Nativity Fast and initiates the season of Christmastide, which historically in the West lasts Twelve Days of Christmas, twelve days and culminates on Twelfth Night (holiday), Twelfth Night. Christmas Day is a public holiday in List of holidays by country, many countries, is celebrated religiously by a majority of Christians, as well as Christian culture, culturally by many non-Christians, and forms an integral part of the Christmas and holiday season, holiday season organized around it. The traditional Christmas narrative recounted in the New Testament, known as the Nativity of Jesus, says that Jesus was born in Bet ...
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Canada Geese
The Canada goose (''Branta canadensis''), or Canadian goose, is a large wild goose with a black head and neck, white cheeks, white under its chin, and a brown body. It is native to the arctic and temperate regions of North America, and it is occasionally found during migration across the Atlantic in northern Europe. It has been introduced to the United Kingdom, Ireland, Finland, Sweden, Denmark, New Zealand, Japan, Chile, Argentina, and the Falkland Islands. Like most geese, the Canada goose is primarily herbivorous and normally migratory; often found on or close to fresh water, the Canada goose is also common in brackish marshes, estuaries, and lagoons. Extremely adept at living in human-altered areas, Canada geese have established breeding colonies in urban and cultivated habitats, which provide food and few natural predators. The success of this common park species has led to its often being considered a pest species because of its excrement, its depredation of crops, its ...
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Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ...
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Canadian Copyright Act
The ''Copyright Act'' of Canada is the federal statute governing copyright law in Canada. It is jointly administered by the Department of Industry Canada and the Department of Canadian Heritage. The ''Copyright Act'' was first passed in 1921 and substantially amended in 1988 and 1997. Several attempts were made between 2005 and 2011 to amend the ''Act'', but each of the bills (Bill C-60 in 2005, Bill C-61 in 2008, and Bill C-32 in 2010) failed to pass due to political opposition. In 2011, with a majority in the House of Commons, the Conservative Party introduced Bill C-11, titled the ''Copyright Modernization Act''. Bill C-11 was passed and received Royal Assent on June 29, 2012. History 1921 Canadian Copyright Act The first ''Copyright Act'' was passed in 1921 and came into force in 1924. Although Canada was no longer subject to imperial copyright law, the 1921 Act was closely modelled on the UK ''Copyright Act'' of 1911 to comply with the Berne Convention for the Protection of ...
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Prise De Parole Inc V Guérin, Éditeur Ltée
Purveyance was an ancient prerogative right of the English Crown to purchase provisions and other necessaries for the royal household, at an appraised price, and to requisition horses and vehicles for royal use.{{Cite book , title=Osborn's Law Dictionary , publisher=Sweet & Maxwell , year=1983 , editor-last=Bird , editor-first=Roger , edition=Seventh, isbn=0-421-29680-1 It was finally abolished in 1660. History Under Edwards I–III The right was developed in England over the course of the late eleventh through the fourteenth centuries. In theory, the king's prerogative allowed him to collect goods needed for both household and military use, but the latter was discontinued in 1362. The primary problem with the system was that it was open to abuse from corrupt officials, who would often requisition goods and sell them for profit or use extortion and other means to obtain items or money that was not passed on or divulged to the king. Accordingly, English kings established numer ...
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List Of Notable Canadian Lower Court Cases
A select number of decisions from the superior and inferior courts that have proven to be the leading case law in a number of fields and have subsequently been influential in other provinces, or else they are famous decisions in their own right. These include trial court cases. Typically, these decisions were merely affirmed at the appellate level or were never appealed. Other cases were appeals to courts besides the provincial Court of Appeal or the Supreme Court of Canada. The decisions are listed in chronological order. * '' Abortion trial of Emily Stowe'' (1879) * ''R. v. Jim'' (1915) : Aboriginal hunting rights * ''Canadian Admiral Corporation Ltd. v. Rediffusion Inc.'', 954Ex. CR 382, 20 CPR 75: copyright * '' Teck Corp. Ltd. v. Millar'' (1972), 33 DLR (3d) 288 : Director liability * '' Bettel v. Yim'' (1978), 20 OR (2d) 617 (Co. Ct.): torts * '' Snow v. Eaton Centre Ltd.'' (1982) 70 C.P.R. (2d) 105: moral rights * '' Jane Doe v. Board of Commissioners of Police for the Mun ...
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Moral Rights
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation".
Berne Convention for the Protection of Literary and Artistic Works, September 9, 1886, art. 6bis, S. Treaty Doc. No. 27, 99th Cong., 2d Sess. 41 (1986).
Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights ...
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