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York University V Canadian Copyright Licensing Agency (Access Copyright)
is a major decision of the Supreme Court of Canada in the matters of the effectiveness of copyright collectives and of fair dealing in Canadian copyright law. Background Ever since the 2004 judgment of the SCC in ''CCH Canadian Ltd v Law Society of Upper Canada'', many institutional users have sought to simplify the process of determining what constitutes fair dealing through the adoption of guidelines quantifying what amounts of a work may be acceptable. When the copyright collective Access Copyright sought to enforce an Interim Tariff in December 2010 that had been approved by the Copyright Board of Canada, York University asserted that any copying it did fell outside the tariff's scope under the Fair Dealing Guidelines it had issued to define its position. In relevant part, the Guidelines stated: Access Copyright sued York University with respect to royalties due under the Interim Tariff, while York counterclaimed for a declaration stating that its Guidelines were lawful ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Act (Canada)
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Performance Rights Organisation
A performance rights organisation (PRO), also known as a performing rights society, provides intermediary functions, particularly collection of royalties, between copyright holders and parties who wish to use copyrighted works ''publicly'' in locations such as shopping and dining venues. Legal consumer purchase of works, such as buying CDs from a music store, confer ''private'' performance rights. PROs usually only collect royalties when use of a work is incidental to an organisation's purpose. Royalties for works essential to an organisation's purpose, such as theaters and radio, are usually negotiated directly with the rights holder. The interest of the organisations varies: many have the sole focus of musical works, while others may also encompass works and authors for audiovisual, drama, literature, or the visual arts. In some countries PROs are called copyright collectives or copyright collecting agencies. A copyright collective is more general than a PRO as it is not limited ... [...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] |
Out-of-court Settlement
In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. A collective settlement is a settlement of multiple similar legal cases. The term also has other meanings in the context of law. Structured settlements provide for future periodic payments, instead of a one time cash payment. Basis A settlement, as well as dealing with the dispute between the parties is a contract between those parties, and is one possible (and common) result when parties sue (or contemplate so doing) each other in civil proceedings. The plaintiffs and defendants identified in the lawsuit can end the dispute between themselves without a trial. The contract is based upon the bargain that a party forgoes its ability to sue (if it has not sued already), or to continue with the claim (if the plaintiff has sued), in return for the certainty written into the settlement. The courts will enforce the settlement. If it is breached, the par ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Université Laval
Université Laval is a public research university in Quebec City, Quebec, Canada. The university was founded by royal charter issued by Queen Victoria in 1852, with roots in the founding of the Séminaire de Québec in 1663 by François de Montmorency-Laval, making it the oldest centre of higher education in Canada and the first North American institution to offer higher education in French. The university, which was founded in Old Québec, moved to a new campus in the 1950s in the suburban borough of Sainte-Foy–Sillery–Cap-Rouge. It is ranked among the top 10 Canadian universities in terms of research funding and holds four Canada Excellence Research Chairs. Like most institutions in Québec, the name "Université Laval" is not translated into English. History The university's beginnings go back to 1663 with the founding of the Grand Séminaire de Québec and 1668 with the founding of the Petit Séminaire by François de Montmorency-Laval, a member of the House of Laval ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Le Devoir
''Le Devoir'' (, "Duty") is a French-language newspaper published in Montreal and distributed in Quebec and throughout Canada. It was founded by journalist and politician Henri Bourassa in 1910. ''Le Devoir'' is one of few independent large-circulation newspapers in Quebec (and one of the few in Canada) in a market dominated by the media conglomerate Quebecor (including '' Le Journal de Montréal''). Historically ''Le Devoir'' was considered Canada's francophone newspaper of record, although in the 21st century it has been challenged for that title by the increased status of competitor '' La Presse''. History Henri Bourassa, a young Liberal Party MP from Montreal, rose to national prominence in 1899 when he resigned his seat in Parliament in protest at the Liberal government's decision to send troops to support the British in the South African War of 1899–1902. Bourassa was opposed to all Canadian participation in British wars and would go on to become a key figure in fi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daniels V Canada (Indian Affairs And Northern Development)
is a case of the Supreme Court of Canada, which ruled that Métis and non-status Indians are "Indians" for the purpose of s 91(24) of the ''Constitution Act, 1867''. Parties The plaintiffs were Harry Daniels, a Métis activist from Saskatchewan, who died before the case was heard; his son Gabriel; Leah Gardner, a non-status Indian from Ontario; Terry Joudrey, a non-status Indian from Nova Scotia; and the Congress of Aboriginal Peoples. The defendants were Her Majesty the Queen, as represented by the Minister of Indian Affairs and Northern Development, and the Attorney General of Canada. Federal Court Arguments The plaintiffs asked the court to declare: # that Métis and non-status Indians are "Indians" as the term is used in s 91(24) of the ''Constitution Act, 1867'', # that the Queen owes a fiduciary duty to them as such, # and that they have the right to be consulted by the federal government on a collective basis, respecting their rights, interests and needs as Abor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leave To Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
SOCAN
The Society of Composers, Authors and Music Publishers of Canada (SOCAN) is a Canadian performance rights organization that represents the performing rights of more than 135,000 songwriters, composers and music publishers. The organization collects license fees through a music licensing program approved by the Copyright Board of Canada. History SOCAN is a result of a merger that took place in 1990 between the Composers, Authors and Publishers Association of Canada (CAPAC) and the Performing Rights Organization of Canada (PROCAN). In 2013, Front Row Insurance Brokers Inc. initiated an online musical instrument insurance program for members of various Canadian music associations, including SOCAN. In May 2016, SOCAN acquired the Seattle-based company Medianet Digital for an undisclosed amount; the organization planned to leverage the company's software and database of rights metadata to assist in the calculation and distribution of royalties for works on digital music streaming servi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Financial Post
The ''Financial Post'' was an English Canada, Canadian business newspaper, which published from 1907 to 1998. In 1998, the publication was folded into the new ''National Post'',"Black says Post to merge with new paper". ''The Globe and Mail'', July 23, 1998. although the name ''Financial Post'' has been retained as the banner for that paper's business section and also lives on in the ''Post''s monthly business magazine, ''Financial Post Business''. The ''Financial Post'' started publication in 1907 by John Bayne Maclean."Publishing Inc. on the move". ''The Globe and Mail, April 9, 1983. It was a weekly publication, and one of the core assets of Maclean's media business, which eventually became Maclean-Hunter. The paper was purchased by Sun Media in 1987, and expanded into a daily tabloid on February 1, 1988, and added home delivery newspaper in 1990, with a reformatted ''Financial Post Magazine'' following shortly after. In 1998, Sun Media sold the ''Financial Post'' to Hollinge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Robert Cartwright
John Robert Cartwright (March 23, 1895 – November 24, 1979) was the 12th Chief Justice of Canada. Born in Toronto, Cartwright was the son of James Strachan Cartwright and Jane Elizabeth Young. After graduating from Upper Canada College in 1912, he enrolled at Osgoode Hall Law School and began his articles with Smith, Rae & Greer. He interrupted his studies in 1914 to serve overseas with the armed forces during the First World War. In 1915 he was wounded twice and for the following two years was an aide-de-camp to three successive generals. He was awarded the Military Cross in 1917. Upon his return to Canada, he resumed his study of law. He was called to the bar in 1920, then joined the firm of Smith, Rae & Greer in Toronto. In 1947 he was counsel for the Government of Canada in the prosecutions that resulted from the findings of the Royal Commission on Spying Activities in Canada, which had been chaired by justices Robert Taschereau and Roy Kellock. He was appointed t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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