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Next, you must consider the proportions. To take long extracts and attach short comments may be unfair. But, short extracts and long comments may be fair. Other considerations may come to mind also. But, after all is said and done, it must be a matter of impression. As with fair comment in the law of libel, so with fair dealing in the law of ...
The ideas and facts vs. expression distinction in Canadian copyright law is essentially the same as that in the United States. The basic notion is that although a copyright may be present in a work it is not present in the underlying ideas.
The Board can issue a licence for any rights belonging to the copyright owner. Any use that is not within the copyright owner's rights will not be issued a licence since none would be required. For example, no licence will be granted to copy an insubstantial portion of a work because it is not a use that is protected by copyright.
CCH Canadian Ltd v Law Society of Upper Canada, [17] expanded upon that, with the Supreme Court of Canada holding that fair dealing, as well as related exceptions, is a user’s right. In order to maintain the proper balance between the rights of copyright owners and user’s interest, it must not be interpreted restrictively. [18]
It is unclear to what extent British copyright law, or imperial law, starting with the 1709 Statute of Anne, applied to its colonies (including Canada), [1] but the House of Lords had ruled in 1774, in Donaldson v Beckett, that copyright was a creation of statute and could be limited in its duration.
Five leading Canadian news outlets filed a lawsuit against OpenAI on Friday, accusing the ChatGPT owner of violating copyright laws to train its artificial intelligence (AI) models. The outlets ...
OTTAWA (Reuters) -Five Canadian news media companies filed a legal action on Friday against ChatGPT owner OpenAI, accusing the artificial-intelligence company of regularly breaching copyright and ...
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 .