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Any book published in London would therefore be protected by copyright law in the entire British Empire, including Canada. [4] The 1842 Act had an immediate impact on Canada and became infamous because it effectively prohibited the importation and sale of reprints of any book under British copyright printed in other countries.
Canadian copyright law sets out rules which determine who is to be the first owner of the copyright for a new copyright-able work. The rules cover different groups of people such as the authors of the work, employees who create works in the course of their employment, independent contractors who create works under contracts for services, and ...
The music industry created a loophole in Canadian copyright laws when it asked for a levy on blank audio media. Since 1999, these private copying levies [ 20 ] on blank audio recording media (such as audio cassettes, CDs and CD-Rs) have raised millions of dollars for songwriters, recording artists, music publishers and record companies who ...
The intent was to give copyright holders a complete monopolistic control over the reproduction of their works. However, the courts were almost immediately flooded by lawsuits by publishers unhappy with negative book reviews that included even a single quote of a work and the courts recognized that the statutes were untenable.
However the law of copyright will not allow the author to limit the use of, for example, the idea of traveling around a fantastical medieval land which contains fanciful creatures because to do so would limit the use of this rather stock idea to other users.
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 .
Justice Binnie went on to say that moral rights are infringed if the work is modified to the prejudice of the honour or reputation of the author [s. 28.2(1)]. The logical implication from this provision is that modifications to the work that do not prejudice the honour or reputation of the author are within the rights of the copyright owner.
Fixation in Canadian copyright law is a threshold consideration that must be used in copyright infringement cases by courts to determine if copyright actually exists. In Canada , a work "must be expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance" [ 1 ] to be subject ...