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The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921.
When the Coalition opposed the scheme, Access Canada applied to the Board for a proposed tariff. [2] Although the copies made at the teachers' initiative for student instruction fell under the allowable purpose of "research or private study", the Board concluded that they did not constitute fair dealing and were therefore subject to a royalty. [3]
"The goal of the dealing was multifaceted. Education was a principal goal, specifically education for end user. But the goal of the dealing was also, from York’s perspective, to keep enrolment up by keeping student costs down and to use whatever savings there may be in other parts of the university’s operation." [a 3] Not a strong factor
The exclusion of the work authored by freelancers from the rule in section 13(3) is not so much an exception from the rule as an application of the rule, because freelancers are not deemed to be employees under contracts of service.
While most areas of Canadian intellectual property law are within the purview of Parliament and the Federal government, the Supreme Court of Canada ruled in MacDonald v. Vapor Canada Ltd. that civil remedies pertaining to trade secrets fall within the provincial power over property and civil rights. [12]
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The Act's anti-circumvention provisions have been called "the most restrictive in the world" [3] and student groups compared it to the controversial Stop Online Piracy Act that was proposed in the United States. Ottawa lawyer Kathleen Simmons stated "If we take out the digital lock provisions, the bill appears to be very balanced.
National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), [19] the Federal Court of Canada rejected the defendant's assertion that utilizing the copyright of the plaintiff on a pamphlet criticising the labour practices of the plaintiff in a labour dispute could qualify as fair dealing, because the ...